Appellate Division of the Supreme Court of the State of New York January 22, 1998 (Merrill Lynch Equity Management, Inc. v. Kleinman)

Carpinello, J.

Appeal from an order of the Supreme Court (Kramer, J.), entered March 6, 1997 in Schenectady County, *885which denied a motion by defendant PHH US Mortgage Corporation to, inter alia, cancel and discharge a certain mortgage held by plaintiff.

This action involves a dispute between two mortgagees. On February 1, 1989, plaintiff accepted a $38,000 mortgage from defendants Harry C.