Commonwealth Land Title Ins. Co. v. Lituchy

Full title: COMMONWEALTH LAND TITLE INSURANCE COMPANY et al., Respondents, v. ALLAN…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1992

188 A.D.2d 353 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).

Plaintiff is now entitled to summary judgment, there being sufficient to show that it has paid the required mortgage tax. As we stated on the earlier appeal ( 161 A.D.2d 517, 518), the original failure to record the mortgage and pay the tax does not render the mortgage and note unenforceable.

Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.