In Defelice v. Frew, 2018 NY Slip Op 07700 (2nd Dept., decided November 14, 2018), the Second Department, Appellate Division reversed the lower court in an action pursuant to RPAPL 1501(4) to cancel and discharge of record two mortgages; the holding is as follows:
“The plaintiffs established their prima facie entitlement to judgment as a matter of law by their submissions which established that they were the current owners of the subject property, that the two mortgages which they sought to be canceled became due and payable on February 28, 1993, that the mortgages had not been satisfied or discharged, and that the statute of limitations to commence a foreclosure action had expired (see Rack v Rushefsky, 5 AD3d 753; see also 53 PL Realty, LLC v US Bank N.A., 153 AD3d 894, 895-896; JBR Constr. Corp. v Staples, 71 AD3d 952, 953).”
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