Mendler v. Mendler

—Judgment, Supreme Court, New York County (Carol Huff, J.), entered on November 4, 1996, which, inter alia, granted petitioner husband’s application to discharge a second mortgage he had given to respondent wife, and denied petitioner’s motion for counsel fees, and bringing up for review a prior order, entered on or about November 18, 1994, which denied respondent’s cross motion to dismiss the petition for lack of subject matter jurisdiction, unanimously affirmed, with costs.

While the parties’ separation agreement was silent as to whether petitioner could prepay the mortgage, the mortgage…