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COMMODORE FACTORS CORP. v. DEUTSCHE BANK NATL. TRUST CO.

2018-03212. Index No. 2212/15.

189 A.D.3d 766 (2020)

137 N.Y.S.3d 512

2020 NY Slip Op 07160

Commodore Factors Corp., Appellant, v. Deutsche Bank National Trust Company, Respondent, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale, NY ( Adam L. Browser and Jeffrey A. Wurst of counsel), for appellant.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Kerren B. Zinner of counsel), for respondent.

Austin, J.P., Leventhal, Roman and Barros, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the plaintiff's mortgage did not have priority over the terms of the lien modification agreement.

In June 2004, the defendants Alan Dinow and Carol R. Dinow (hereinafter together the borrowers) obtained a loan from Aames Funding Corporation, which was secured by a mortgage on their real property in...

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