Motion to discharge of record a mortgage on real property is denied. The petitioner has not fulfilled the requirement of section 340 of the Real Property Law that the "petition * * * shall allege that such mortgage is paid". On the contrary, petitioner alleges that she has not paid the principal or interest on the mortgage in more than twenty years, since 1932. The twenty-year lapse of time gives rise to a presumption that the mortgage is...
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