In re LeBovici

OPINION OF THE COURT

Edwin Kassoff, J.

This is a proceeding by petitioner to vacate and discharge a mortgage on real property made by Gertrude Menzel on the grounds that Ms. Menzel was incapacitated at the time of the mortgage transaction.

Gertrude Menzel allegedly executed an $81,000 mortgage to Delta Funding Corporation (Delta) on May 23, 1994 for premises located at 1717 George Street, Ridgewood, New York. The mortgage was recorded in book/reel 3918, page 1337, in the office of the City Register of the City of New York for the County of Queens. Delta subsequently assigned the mortgage to…