GENZLER v. BANK TRUST (2024)

DECISION & ORDER

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant U.S. Bank Trust, N.A., appeals from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated August 18, 2022.  The order, insofar as appealed from, denied that defendant's motion for summary judgment dismissing the amended complaint insofar as asserted against it or, in the alternative, for summary judgment on its counterclaim to recover damages for unjust enrichment and for an order of reference, and granted those branches of the cross-motion of the plaintiff Shmuel Zvi Genzler which were for summary judgment on the amended complaint insofar as asserted against that defendant and dismissing that defendant's counterclaim.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

In light of our determination on a related appeal (see Genzler v. JPMorgan Chase Bank, N.A., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3058118;  decided herewith), we dismiss this appeal as academic.

DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.