finding that plaintiff's claim that mortgage was not valid and that defendant was not the actual owner of the mortgage stated a claim to quiet title
Summary of this case from Barberan v. NationpointFebruary 25, 1944.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.
Judgment unanimously affirmed, with costs. No opinion.
finding that plaintiff's claim that mortgage was not valid and that defendant was not the actual owner of the mortgage stated a claim to quiet title
Summary of this case from Barberan v. NationpointFull title:WARNER ELEVATOR MFG. COMPANY, Appellant, v. DOMINICK J. NAPOLI, Respondent
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Feb 25, 1944
A mortgage may constitute an invalid cloud on title. See Residential Funding Corp. v. Epps, No. 21077/08,…