Tompkins County Trust Co. v. Talandis

*633OPINION OF THE COURT

Walter J. Relihan, Jr., J.

The bank holds a mortgage, now in default, upon a residential property solely owned by Gerald Talandis, the mortgagor, and occupied by Vita Talandis, his former wife. The bank and Vita Talandis move for partial summary judgment in the foreclosure proceeding. That is, the bank seeks a determination that any interest in the property asserted by Vita Talandis is subordinate to the bank’s lien of mortgage. She cross-moves for a ruling that her possessory interest, which she enjoys pursuant to a separation agreement with her former husband, survives…