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MAPLE PARKWAY ASSOCS. v. MPA REVIVAL REALTY CORP.

247 A.D.2d 592 (1998)

668 N.Y.S.2d 498

Maple Parkway Associates, Respondent-Appellant, v. MPA Revival Realty Corp. et al., Defendants, and Siegfried Schemitsch et al., Appellants-Respondents. (Action No. 1.) Siegfried Schemitsch et al., Appellants-Respondents, v. MPA Revival Realty Corp. et al., Respondents-Appellants, and City of New York et al., Defendants. (Action No. 2.)

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

February 23, 1998

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.

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