CARTER v. U.S. BANK TRUST, N.A.

2021-01308. Index No. 508243/18.

217 A.D.3d 820 (2023)

191 N.Y.S.3d 467

2023 NY Slip Op 03327

Anita Carter, Appellant, v. U.S. Bank Trust, N.A., Respondent.

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

Decided June 21, 2023.


Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for appellant.

Locke Lord LLP, New York, NY ( Harry K. Tiwari and William D. Foley, Jr. , of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Ford and Voutsinas, JJ., concur.


In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Loren Baily-Schiffman, J.), dated January 27, 2021. The order denied the plaintiff's motion for summary judgment on the complaint and granted the defendant's cross-motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In April 2018, the plaintiff commenced...

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