Opinion
June 16, 1997
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order and judgment is reversed insofar as appealed from, with costs, and the cross motion for partial summary judgment is denied.
An error in indexing a mortgage prevents a record of that instrument from constituting constructive notice "as to the property in any block not duly designated" at the time the mortgage is filed for the period that the error remains uncorrected (County Law § 919 [j]; see, Baccari v. De Santi, 70 A.D.2d 198, 202; Federal Natl. Mtge. Assn. v Levine-Rodriguez, 153 Misc.2d 8). Under the circumstances, material questions of fact exist as to whether the prior mortgage held by the plaintiff was properly indexed as against the subject parcel and whether the appellants were thereby properly put on constructive notice of the mortgage.
The appellants' remaining contentions are without merit.
Copertino, J.P., Sullivan, Altman and Florio, JJ., concur.