CONGREGATION BETH MEDROSH OF MONSEY, INC., res, v. ROLLING ACRES CHESTNUT RIDGE, LLC def, EMPIRE STATE BANK, N.A., APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 1022/10)

CONGREGATION BETH MEDROSH OF MONSEY, INC., res, v. ROLLING ACRES CHESTNUT RIDGE, LLC def, EMPIRE STATE BANK, N.A., APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 1022/10)In an action to foreclose a mortgage and, in effect, for a judgment declaring the relative priority of mortgages on the subject property, the defendant Empire State Bank, N.A., appeals, as limited by its brief, from so much of an amended order of the Supreme Court, Rockland County (Alfieri, Jr., J.), entered August 19, 2011, as granted that branch of the plaintiff's motion which was for summary judgment on the amended complaint insofar as asserted against it and denied its cross motion to extend discovery.

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CONGREGATION BETH MEDROSH OF MONSEY, INC., res, v. ROLLING ACRES CHESTNUT RIDGE, LLC def, EMPIRE STATE BANK, N.A., APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 1022/10)In an action to foreclose a mortgage and, in effect, for a judgment declaring the relative priority of mortgages on the subject property, the defendant Empire State Bank, N.A., appeals, as limited by its brief, from so much of an amended order of the Supreme Court, Rockland County (Alfieri, Jr., J.), entered August 19, 2011, as granted that branch of the plaintiff’s motion which was for summary judgment on the amended complaint insofar as asserted against it and denied its cross motion to extend discovery.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff’s motion which was for summary judgment on so much of the amended complaint insofar as asserted against the defendant Empire State Bank, N.A., as, in effect, sought a declaration that the plaintiff’s mortgage was entitled to priority over the previously recorded assigned mortgage of the defendant Empire State Bank, N.A., in the sum of $1 million, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, upon searching the record, summary judgment is awarded to the defendant Empire State Bank, N.A., declaring that its mortgage in the sum of $1 million is entitled to priority over the plaintiff’s mortgage, and the matter is remitted to the Supreme Court, Rockland County, for the entry of a judgment, inter alia, declaring that the mortgage of the defendant Empire State Bank, N.A., in the sum of $1 million has priority over the plaintiff’s mortgage, and that plaintiff’s mortgage has priority over the $2,425,000 mortgage of the defendant Empire State Bank, N.A.

CONGREGATION BETH MEDROSH OF MONSEY, INC., res, v. ROLLING ACRES CHESTNUT RIDGE, LLC def, EMPIRE STATE BANK, N.A., APPELLANT (AND A THIRD-PARTY ACTION). (INDEX NO. 1022/10)

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