MATTER OF MIKAL REALTY CO. v. CARRERAS


268 A.D.2d 435 (2000)

702 N.Y.S.2d 311

In the Matter of MIKAL REALTY CO., Appellant, v. HUMBERT CARRERAS et al., Respondents.

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

Decided January 10, 2000.


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Supreme Court properly denied its petition to discharge the subject mortgage pursuant to RPAPL 1921. That statute, in relevant part, authorizes any person having an interest in a mortgage to apply for an order discharging the mortgage where the mortgagee, after the tender of all outstanding principal, interest, and other amounts due thereunder, refuses to execute a satisfaction...

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