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Decided on May 22, 2009
Supreme Court, Suffolk County

4903-09

PINKS, ARBEIT & NEMETH, ESQS.
Attys. For Plaintiff
140 Fell Ct.
Hauppauge, NY 11788
JOSEPH A. SALVI, ESQ.
Atty. For Defendants

295 No. Sea Rd. Southampton, NY 11968
Thomas F. Whelan, J.
ORDERED that this motion (#
002) by the defendants, 419 County Road 39 Corp., Lyle Pike, Gary Pike and Lance Nill, for summary judgment dismissing the plaintiff's complaint is considered under CPLR 3212 and RPAPL Article 13 and is granted; and it is further
ORDERED that the cross motion (#
003) by the plaintiff for summary judgment on its complaint is considered under CPLR 3212 and RPAPL Article 13 and is denied; and it is further
ORDERED that the separate motion (#
001) by the plaintiff for dismissal of the defendants' counterclaim is consolidated with those listed above for purposes of this decision and is granted.
This action arises from a $1,350,000.00 loan given on September 27, 2007 by the plaintiff to the defendant, 419 County Road 39 Corp. (hereinafter "corporate defendant"), which is secured by a mortgage on commercial property owned by said corporate defendant and the personal guarantees of payment and performance by defendants, Lyle Pike, Gary Pike and Lance Nill. By the summons and complaint served and filed herein, the plaintiff denominates this action as one for the foreclosure of commercial investment property. The plaintiff alleges that pursuant to the terms of the mortgage, the plaintiff, as mortgagee, is entitled "to foreclose the mortgage in case of any default in payment or performance of the terms of said mortgage" (see

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