Rusin v. Grasso

Order (denominated judgment), Supreme Court, New York County (Carol E. Huff, J.), entered April 19, 2006, which denied petitioner’s application pursuant to RPAPL 1921 to cancel and discharge a mortgage, unanimously affirmed, without costs.

*285It appears that the subject mortgage was given to petitioner by respondent Natale J. Grasso in June 1990 and assigned by him to his corespondents in September 1998, and that petitioner gave respondent a loan in November 1998 on which she recovered a judgment in August 2004. In the latter matter, petitioner sought to offset her recovery against the amount due…