Bank of N.Y. Mellon v. Bentley

The following e-filed documents, listed by NYSCEF document number (Motion 002) 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 were read on this motion to/for SUMMARY JUDGMENT.The following e-filed documents, listed by NYSCEF document number (Motion 003) 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207 were read on this motion to/for SUMMARY JUDGMENT.DECISION Motion Sequence Numbers 002 and 003 are consolidated for disposition.The motion (MS002) by defendant 136 Beekman LLC (“136 Beekman”) for summary judgment dismissing the complaint and on its counterclaim for quiet title is granted. The motion (MS003) by plaintiff for summary judgment is denied.BackgroundThis foreclosure action concerns a residential property located at 136 Beekman Street in Manhattan. Plaintiff claims that it is seeking to recover on a consolidated note and mortgage executed by defendants Roger Bentley and Julie Yang in 2006. In its complaint, plaintiff admits that the title record with respect to this mortgage “contains gaps” and it “does not appear filed of record in the title chain for the subject matter property” (NYSCEF Doc. No. 113,