Risicato v. Lumberyard Supply Corp.

OPINION OF THE COURT

Charles J. Markey, J.

The issue of first impression raised by this case is whether the Civil Court of the City of New York has jurisdiction to discharge an ancient mortgage, notwithstanding the plain language of a statute ostensibly conferring such jurisdiction exclusively in the Supreme and County Courts.

*771Petitioner Marie Risicato, also known as Marie Risicato Conte, seeks to discharge an ancient mortgage in the sum of $6,619.20. Specifically, in 1961, mortgagors Paul R. Risicato and Prudence A. Risicato had a mortgage that was a lien on a parcel of real property,…