Opinion
June 29, 1987
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
We find unpersuasive the defendants' contention that the plaintiff's present claims for damages are not legally cognizable. The Court of Appeals stated in a prior decision in this case that "to the extent that the complaint seeks damages, a viable claim is presented despite the payment of the mortgage indebtedness" (Long Is. City Sav. Loan Assn. v Gottlieb, 58 N.Y.2d 931, 933). The court of first instance properly found that a trial on the merits is warranted. Thompson, J.P., Weinstein, Eiber and Sullivan, JJ., concur.