Appellate Division of the Supreme Court of the State of New York April 10, 2012 (Flushing Savings Bank v. Siunykalimi)

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated January 13, 2011, which, in effect, granted that branch of the motion of the defendants Rahim Siunykalimi and 1490 Bedford, LLC, which was pursuant to CFLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them on the condition that they satisfy