Opinion
December 30, 1942.
Order directing the Treasurer of the City of New York, after certain deductions, to pay an award in favor of "unknown owners" for certain damage parcels in a street widening condemnation proceeding to Edward W. Sullivan and Mary C. Sullivan affirmed, with ten dollars costs and disbursements. The appellant claims an interest in the award by virtue of a mortgage upon the real property taken in a condemnation proceeding. The proof established that the mortgage was unsatisfied of record and that it was overdue for over twenty years. In these circumstances the law presumes that in the absence of other proof within that period to the contrary, the mortgage has been paid and such unsatisfied mortgage is not a cloud on the title to the real property. ( Ouvrier v. Mahon, 117 App. Div. 749; Fisher v. Mayor, 67 N.Y. 73.) Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ., concur. [ 177 Misc. 1004.]