HOME SAV. OF AM. v. WEINGRAD


248 A.D.2d 253 (1998)

670 N.Y.S.2d 426

Home Savings of America, Fsb, as Successor by Merger to Bowery Savings Bank, Respondent, v. Rosemary Weingrad, Also Known as Rosemary Defranco, et al., Appellants, and Manufacturers and Traders Trust Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1998


We reject appellants' contention that triable issues of fact have been raised with respect to their claim that the subordinate mortgage held by defendant Manufacturers and Traders Trust Company has been satisfied. While the record is unclear as to Key Bank's interest in the mortgage and as to that bank's issuance of a Discharge of Mortgage prior to the assignment of the mortgage to Manufacturers, it is clear that appellants have never alleged that said mortgage was paid,...

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