Mikal Realty Co. v. Carreras

—In a proceeding pursuant to RPAPL 1921 to cancel and discharge a mortgage upon real property, the petitioner Mikal Realty Co. appeals from a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), dated October 1, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court properly denied its petition to discharge the subject mortgage pursuant to RPAPL 1921. That statute, in relevant part, authorizes any person having an interest in a mortgage to apply for an order discharging…