In re the City of New York — 265 A.D. 970

Majority

p. 970

In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Widening of Hamilton Avenue in the Borough of Brooklyn. Margaret Sullivan, as Administratrix of the Estate of Frederick J. Sullivan, Deceased, Appellant; Edward W. Sullivan et al., Respondents.

The appellant claims an interest in the award by virtue of a mortgage upon the real property taken in a condemnation proceeding. The proof established that the mortgage was unsatisfied of record and that it was overdue for over twenty years. In these circumstances the law presumes that in the absence of other proof within that period to the contrary, the mortgage has been paid and such unsatisfied mortgage is not a cloud on the title to the real property. (Ouvrier V. Mahon, 117 App. Div. 749 ; Fisher v. Mayor, 67 N. Y. 73 .) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur. [ 177 Misc. 1004 .]

Cases cited

Ouvrier v. Mahon 117 App. Div. 749 N.Y. App. Div. 1907-03-01 p. 970
Fisher v. Mayor of New York 67 N. Y. 73 N.Y. 1876-10-03 p. 970
In re Hamilton Avenue Widening 177 Misc. 1004 N.Y. Sup. Ct. 1942-01-27 p. 970