Bank of N.Y. Mellon Trust Co., N.A. v. ClaypooleBank of N.Y. Mellon Trust Co., N.A. v. Claypoole
Order and judgment (one paper), Supreme Court, New York County (Joan M. Kenney, J.), entered August 15, 2016, which, inter alia, denied defendant John D. Claypoole‘s motion for summary judgment dismissing the complaint as against him, and granted plaintiff‘s motion for summary judgment declaring the “first mortgage” a valid lien and directing that the satisfaction of mortgage be vacated and expunged, unanimously affirmed, with costs. Appeals from orders, same court and Justice, entered May 31, 2016 and June 1, 2016, unanimously dismissed, without costs,
The satisfaction of mortgage was void ab initio, because the party that filed it had already assigned away its interest under the mortgage. Consequently, this action seeking to vacate the satisfaction of mortgage pursuant to
We have considered defendant‘s remaining contentions and find them unavailing. Concur—Sweeny, J.P., Renwick, Andrias, Feinman and Gesmer, JJ.