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BANK OF N.Y. MELLON TRUST CO., N.A. v. CLAYPOOLE

157861/14-4015. 4014. 4013.

150 A.D.3d 505 (2017)

2017 NY Slip Op 03895

55 N.Y.S.3d 19

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Formerly Known as THE BANK OF NEW YORK TRUST COMPANY, N.A., Respondent, v. JOHN D. CLAYPOOLE, Appellant, et al., Defendants.

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

Decided May 16, 2017.

The satisfaction of mortgage was void ab initio, because the party that filed it had already assigned away its interest under the mortgage. Consequently, this action seeking to vacate the satisfaction of mortgage pursuant to RPAPL article 15 is not time-barred under CPLR 213 (6) (see Faison v Lewis, 25 N.Y.3d 220, 224 [2015]; see also Riverside Syndicate, Inc. v Munroe, 10 N.Y.3d 18, 24...

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