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Eck v. Aggressive Industries Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1980
78 A.D.2d 646 (N.Y. App. Div. 1980)

Opinion

October 14, 1980


In two actions to foreclose mortgages in which the defendants counterclaimed for release of certain property from the mortgage liens, plaintiffs appeal, as limited by their brief, from so much of two orders of the County Court, Dutchess County, both dated January 3, 1980, as granted defendants' motions for summary judgment releasing the described property from the mortgage liens. Appeals dismissed as academic, without costs or disbursements. Since the motions involved herein were for summary judgment, we are empowered to search the record (see Southern Assoc. v. United Brands Co., 67 A.D.2d 199, 204; Yanarella v. McClane, 16 A.D.2d 982). We find that subsequent to January 3, 1980 (the date of the orders on appeal) the mortgages were foreclosed and the debts satisfied. Accordingly, the mortgages were extinguished and plaintiffs have no basis upon which to challenge the release of the subject property from the mortgage liens (cf. Whitestone Sav. Loan Assn. v. Allstate Ins. Co., 34 A.D.2d 787, affd 28 N.Y.2d 332). Titone, J.P., Lazer, Gulotta and Martuscello, JJ., concur.


Summaries of

Eck v. Aggressive Industries Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1980
78 A.D.2d 646 (N.Y. App. Div. 1980)
Case details for

Eck v. Aggressive Industries Corp.

Case Details

Full title:LOUIS ECK et al., Appellants, v. AGGRESSIVE INDUSTRIES CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1980

Citations

78 A.D.2d 646 (N.Y. App. Div. 1980)