Radparver v. Vitucci, et al (Appellate Division, First Department- Docket Number 2021-02911)

We represent current mortgage of real property located in Bronx, New York. Plaintiff commenced this action seeking, among other things, an Order declaring our client’s mortgage to be null and void, or alternatively, subordinate to Plaintiff’s interest in the subject property. Following denial of our motion for summary judgment by the lower court, we filed an appeal to the Appellate Division, First Department. The Appellate Division reversed the lower court and declared our client to be the holder of a valid first mortgage lien encumbering the property and that plaintiff had no right, title or interest in such real property.