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V & D Realty USA Corp. v. Mitso Group, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 562 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the Supreme Court, Kings County (Golden, J.).


Ordered that the order and judgment is reversed insofar as appealed from, with costs, and the cross motion for partial summary judgment is denied.

An error in indexing a mortgage prevents a record of that instrument from constituting constructive notice "as to the property in any block not duly designated" at the time the mortgage is filed for the period that the error remains uncorrected (County Law § 919 [j]; see, Baccari v. De Santi, 70 A.D.2d 198, 202; Federal Natl. Mtge. Assn. v Levine-Rodriguez, 153 Misc.2d 8). Under the circumstances, material questions of fact exist as to whether the prior mortgage held by the plaintiff was properly indexed as against the subject parcel and whether the appellants were thereby properly put on constructive notice of the mortgage.

The appellants' remaining contentions are without merit.

Copertino, J.P., Sullivan, Altman and Florio, JJ., concur.


Summaries of

V & D Realty USA Corp. v. Mitso Group, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 562 (N.Y. App. Div. 1997)
Case details for

V & D Realty USA Corp. v. Mitso Group, Inc.

Case Details

Full title:V D REALTY USA CORP., Respondent, v. MITSO GROUP, INC., et al.…

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 562 (N.Y. App. Div. 1997)
659 N.Y.S.2d 985

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