Long Beach Housing Authority v. Lew Chew Soon Corp.

In a condemnation proceeding, the appeal is from an order of the Supreme Court, Nassau County (Farley, J.), entered January 2,1981, which denied the motion of appellant Kings Park Butcher Shop, Inc., to compel the petitioner to make an offer and advance payment pursuant to EDPL 303 and 304. Order affirmed, without costs or disbursements. At issue on this appeal is the priority of competing liens and, specifically, whether the “first in time, first in right” rule applies in determining the relative priority of a Department of Housing and Urban Development (HUD) mortgage and a county tax lien.…