Appellate Division of the Supreme Court of the State of New York May 1, 2012 (Barretti v. Detore)

In an action, inter alia, to impose an equitable mortgage upon real property with priority over all other mortgages and liens (action No. 1), and a related action, inter alia, to foreclose a mortgage (action No. 2), Philip Barretti, the plaintiff in action No. 1 and a defendant in action No. 2, appeals from (1) an order of the Supreme Court, Richmond County (McMahon, J.