Legal Opinion

In re Goldin

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1996PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to RPAPL 1921 to cancel and discharge a mortgage upon real property, the petitioner appeals from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated March 27, 1995, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

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

2Cases cited4 opinions

  1. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
  2. Albany Savings Bank v. Seventy-Nine Columbia Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Tancredi v. ManningAppellate Division of the Supreme Court of the State of New York · 1980
  4. Lester v. BickfordAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by3 opinions

  1. Griffin v. PanzarinAppellate Division of the Supreme Court of the State of New York · 2003
  2. Key Bank v. Del Norte, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Husslein v. HussleinAppellate Division of the Supreme Court of the State of New York · 2006

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