Federal National Mortgage Ass'n v. Katz

In an action pursuant to RPAPL article 15 to determine claims to certain real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered January 5, 2005, which denied its motion for summary judgment and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint.

*756Ordered that the order is affirmed, with costs to the respondent Spark Real Estate, Inc.

Contrary to the plaintiff’s contention, the Supreme Court properly denied its motion for summary judgment since it failed to establish a prima facie entitlement…