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WILMINGTON SAV. FUND SOCY. FSB v. PARK

8365. 8364.

169 A.D.3d 443 (2019)

92 N.Y.S.3d 279

2019 NY Slip Op 00986

Wilmington Savings Fund Society FSB, Doing Business as Christina Trust, Appellant-Respondent, v. Sung R. Park, Also Known as Sung Rae Park, et al.,Defendants, and East Fork Capital Equities LLC, Respondent-Appellant.

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

Decided February 7, 2019.

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 Real Property Law § 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 [1st Dept 1997]).

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