The motion court should have granted Homebridge summary judgment as to plaintiff's seventh cause of action seeking a declaration that defendant Homebridge's mortgage be placed in second position after plaintiff's interest. As the court determined in its earlier order dated March 4, 2019 (Doris M. Gonzalez, J.), plaintiff's right to a lien on the adjacent lot (lot 38) under a stipulation of settlement resolving an earlier case with now-deceased Jerry Vitucci (Vitucci) arose...
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