Booth v. Ameriquest Mortgage Co.

In an action, inter alia, to cancel and discharge a mortgage, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Weber, J.), dated July 7, 2008, as denied that branch of its motion which was for summary judgment dismissing, as time-barred, so much of the complaint as sought to cancel and discharge the mortgage based on the incapacity of the plaintiff’s decedent to assign his leasehold interest on November 9, 1998, and the plaintiff cross-appeals from stated portions of the same order, which, among other things, granted that branch of the defendant’s motion…