COMMONWEALTH LAND TITLE INS. CO. v. LITUCHY

Plaintiff is now entitled to summary judgment, there being sufficient to show that it has paid the required mortgage tax. As we stated on the earlier appeal ( 161 A.D.2d 517, 518), the original failure to record the mortgage and pay the tax does not render the mortgage and note unenforceable.

Concur — Murphy, P.J., Carro, Rosenberger and Ellerin, JJ.