GLETZER v. HARRIS


12 N.Y.3d 468 (2009)

MORRIS I. GLETZER, Also Known as MORRIS I. GLECER, Plaintiff, v. AMOS HARRIS, Defendant. GREENPOINT MORTGAGE FUNDING, INC., et al., Respondents, v. MORRIS I. GLETZER, Also Known as MORRIS I. GLECER, Appellant, and AMOS HARRIS et al., Respondents.

Court of Appeals of New York.

Decided May 12, 2009.


Attorney(s) appearing for the Case

Altman Schochet LLP, New York City (Zalman Schochet and Michael A. Valentine of counsel), for appellant.

Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York City (David A. Pellegrino and David J. Kanfer of counsel), for Amos Harris, respondent.

Hofheimer Gartlir & Gross, LLP, New York City (David L. Birch of counsel), for Greenpoint Mortgage Funding, Inc. and another, respondents.

Herrick, Feinstein LLP, New York City (Arthur G. Jakoby and Patricia M. Graham of counsel), for New York State Land Title Association, amicus curiae.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine whether a renewal lien secured pursuant to CPLR 5014 for a second 10-year period can take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees. Because CPLR 5014 does not provide for a renewal judgment to have retroactive effect to the original lien's expiration date...

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