Opinion
February 23, 1998
Appeal from the Supreme Court, Richmond County (Mastro, J.).
Ordered that the orders are affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
There are material questions of fact concerning, in Action No. 1, whether the mortgage held by the plaintiff was extinguished by the merger doctrine, and, in Action No. 2, whether the mortgage held by the plaintiffs has priority over a prior mortgage held by the defendant Maple Parkway Associates.
The parties' remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J. P., Sullivan, Friedmann and Goldstein, JJ., concur.