2023 NY Slip Op 03033
SYCP, LLC, appellant,
v.
Terrence Evans, respondent, et al., defendants.
Nos. 2020-02213, 2020-03180, Index No. 514691/18
Supreme Court of New York, Second Department
June 7, 2023
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Megan K. McNamara and Rajdai D. Singh of counsel), for appellant.
Petroff Amshen LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for respondent.
BETSY BARROS, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Noach Dear, J.), dated January 22, 2020, and (2) an order and judgment (one paper) of the same court dated March 2, 2020. The order, insofar as appealed from, granted those branches of the motion of the defendant Terrence Evans which were for summary judgment dismissing the complaint insofar as asserted against him and on his counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the subject mortgage. The order and judgment, in effect, granted those branches of the motion of the defendant Terrence Evans which were for summary judgment dismissing the complaint insofar as asserted against him and on his counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the subject mortgage, and canceled and discharged of record the subject mortgage.
ORDERED that the appeal from the order is dismissed; and its is further, ORDERED that the order and judgment is affirmed; and it is further...