Albin v. Pearson

—In an action pursuant to RPAPL 1501 (4) to cancel and discharge of record certain mortgages, the defendant appeals from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Joseph, J.), entered November 6, 1998, as denied her motion for summary judgment dismissing the complaint, granted the plaintiffs cross application for summary judgment, and thereupon cancelled and discharged the mortgages.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

In 1988 the respondent gave two mortgages on certain real property to the appellant.…