Johnson v. Melnikoff

In an action, inter alia, pursuant to REAFL article 15 to determine title to real property, the defendant Bank of New *520York Trust Company, N.A., appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated September 11, 2008, as granted that branch of the plaintiffs motion which was for summary judgment declaring that its mortgage on the subject property is null and void, and denied that branch of its cross motion which was for summary judgment declaring that its mortgage is valid.

Ordered that the order is affirmed…