Albin v. Dallacqua

In an action pursuant to RPAPL 1501 (4) to secure the cancellation and discharge of record of a mortgage, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Schmidt, J.), entered September 10, 1997, as granted the defendant’s motion for summary judgment dismissing the complaint.

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

On September 22, 1987, the plaintiff executed a mortgage note and mortgage in favor of the defendant in the amount of $55,000, payable on September 28, 1988. In October 1988, the plaintiff…