WILMINGTON SAVINGS FUND SOCIETY FSB v. LLC (2019)

Supreme Court, Appellate Division, First Department, New York.

WILMINGTON SAVINGS FUND SOCIETY FSB Doing Business as Christina Trust, etc., Plaintiff–Appellant–Respondent, v. SUNG R. PARK Also Known as Sung Rae Park, et al., Defendants, East Fork Capital Equities LLC, Defendant–Respondent–Appellant.

8364

Decided: February 07, 2019

Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ.

Weber Law Group, LLP, Melville (Jaret S. Weber of counsel), for appellant-respondent. Butler, Fitzgerald, Fiveson & McCarthy, New York (David K. Fiveson of counsel), for respondent-appellant.

In opposition to plaintiff's showing that a 1986 mortgage held by Dime Savings Bank was satisfied, and therefore that plaintiff's mortgage was a “first mortgage” under RPL § 339–z(ii), East Fork failed to show that the mortgage was unpaid when the common charge lien was filed in 2014 (see Board. of Mgrs. of Parkchester N. Condominium v. Richardson, 238 A.D.2d 282, 284, 656 N.Y.S.2d 269 [1st Dept. 1997] ).

We have considered East Fork's remaining contentions and find them unavailing.

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