Nelson v. Fantino

Action brought pursuant to article 15 of the Real Property Law, to cancel and discharge a mortgage of record. Order granting motion of the plaintiff under section 476 of the Civil Practice Act, and rules 109 and 112 of the Rules of Civil Practice, for judgment on the pleadings reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. Paragraph 3 of the supplemental complaint alleges that the plaintiff owns and occupies the parcel of real property here involved. The answer denies that allegation. However, the parties have on this appeal *1059assumed or conceded…