Court of Appeals of New York

Reversal of part of an order granting respondents' cross-motion for summary judgment, that: 1) the clerk may refuse to record petitioner's assignment and discharge as those instruments violate the "factual mandates" of section 321(3) of the Real Property Law; and 2) there is no valid distinction between MERS mortgages and MERS assignments and discharges for purposes of recording and indexing, is affirmed.

Appellate Information

• Decided 12/19/2006
• Published 12/19/2006

Judges

Court

• Court of Appeals of New York

Counsel