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CITICORP MORTGAGE, res, v. ALAN ADAMS, ET AL., APPELLANTS def — (INDEX NO. 11159/09)In an action to foreclose a mortgage, the defendants Alan Adams and Zatrasha Adams appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered July 13, 2015, which granted the plaintiff’s motion pursuant to CPLR 1018 to substitute nonparty Federal National Mortgage Association as the plaintiff and to amend the caption accordingly, and denied their cross motion, in effect, for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the plaintiff’s motion pursuant to CPLR 1018 to substitute nonparty Federal National Mortgage Association as the plaintiff and to amend the caption accordingly, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, with one bill of costs to the defendants Alan Adams and Zatrasha Adams payable by the plaintiff.

 
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