Appellate Division of the Supreme Court of the State of New York April 24, 1995 (Ville De Port, Inc. v. Apple Bank for Savings)

In an action to recover for mortgage taxes incurred as the alleged result of the failure of the defendant to produce the original note on an underlying mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Ramirez, J.), entered March 22, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.