Chiantella v. Lucy Chiantella Revocable Trust of 2002

—In a proceeding to discharge a mortgage pursuant to Real Property Actions and Proceedings Law § 1921, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Siegal, J), entered January 9, 2012, as, upon reargument, in effect, denied the petition and dismissed the proceeding, with leave to renew in the Surrogate’s Court, Queens County.

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

“Although once disfavored by the courts, it is now recognized that parties to a contract may freely select a forum which will resolve…