U.S. BANK NATIONAL ASSOCIATION v. McKENNA

2015-07617, Index No. 7488/13.

149 A.D.3d 1136 (2017)

2017 NY Slip Op 03215

52 N.Y.S.3d 497

U.S. BANK NATIONAL ASSOCIATION, as Trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2007-3XS, Respondent, v. KEVIN T. McKENNA et al., Appellants, et al., Defendants.

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

Decided April 26, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action in June 2013, inter alia, to direct the recording of a mortgage allegedly executed in September 2006 to encumber real property owned by the defendants Kevin T. McKenna and Arlene M. McKenna (hereinafter together the McKennas), and for a judgment declaring that that mortgage is superior in priority over other recorded mortgages on the property. On or about September...

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