North-East Hospitality, L. L. C. v. Batavia Innkeepers, Inc.

—Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Petitioner commenced this special proceeding to discharge a mortgage pursuant to RPAPL 1921. Supreme Court erred in denying the petition. The mortgage was to secure $150,000 due under a promissory note “together with all interest thereon, and all other sums * * * which may *1050or shall become due hereunder or under the Note or any of the other Loan Documents (as defined in the Note)”. The Note defined “Loan Documents” to include “this Note, the Mortgage, and any and all other documents executed and/or…