Saliani v. Amrhein

*502OPINION OF THE COURT

Harry Richard Brown, J.

This is an action pursuant to RPAPL 1501 (4) to cancel and discharge a mortgage in the amount of $37,308.99 held by defendant on certain real property owned by plaintiff. Defendant has commenced a third-party action to foreclose on that mortgage.

Prior to August 1976, Thomas C. and Joan Monaghan were the owners of the subject premises located at 21 Manhattan Boulevard in Islip Terrace. In 1971, Joan Monaghan, a public assistance recipient, executed a bond and mortgage to the Suffolk County Department of Social Services against these premises to secure…