Citibank v. Tebsherany

—Appeal from those parts of an order of Supreme Court, Oneida County (Ringrose, J.), entered July 24, 2002, that, inter alia, denied plaintiffs motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced an action pursuant to *855article 15 of the Real Property Actions and Proceedings Law seeking to compel the determination of its claim to a parcel of real property. Plaintiff held a purchase money mortgage encumbering property purchased by defendant Diane M. Tebsherany and another…