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FGB Realty Advisors, Inc. v. Parisi

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
696 N.Y.S.2d 207 (N.Y. App. Div. 1999)

Opinion

Argued June 10, 1999

October 4, 1999

Appeal from an order of the Supreme Court, Nassau County (Winslow, J.).


ORDERED that the appeal from the order dated June 10, 1998, is dismissed, as that order was superseded by the order dated October 28, 1998, made upon reargument; and it is further,

ORDERED that the order dated October 28, 1998, is affirmed insofar as appealed from; and it is further,

ORDERED that the respondents are awarded one bill of costs.

A mortgage is merely security for a debt or other obligation and cannot exist independently of the debt or obligation ( see, Copp v. Sands Point Marina, 17 N.Y.2d 291, 292). Here, the motion to dismiss the complaint was properly granted since the debt which the mortgage secured concededly was satisfied prior to the commencement of the action.

The appellant's remaining contentions are without merit.

BRACKEN, J.P., SULLIVAN, GOLDSTEIN, and McGINITY, JJ., concur.


Summaries of

FGB Realty Advisors, Inc. v. Parisi

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
696 N.Y.S.2d 207 (N.Y. App. Div. 1999)
Case details for

FGB Realty Advisors, Inc. v. Parisi

Case Details

Full title:FGB REALTY ADVISORS, INC., appellant, v. THOMAS PARISI, etc., et al.…

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

Date published: Oct 4, 1999

Citations

696 N.Y.S.2d 207 (N.Y. App. Div. 1999)
696 N.Y.S.2d 207

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