Bowery Savings Bank v. Nosmo Realty Corp.

The appellant has a mechanic’s lien against No. 15 West Thirty-first street, amounting to the sum of $12,418. The respondent holds a mortgage of $30,000 on the same property which mortgage also covers another piece of property located at One Hundred and Seventieth street and Charlotte place, borough of The Bronx, where, it is alleged, it attaches to an equity of over $45,000. A prior mortgage on the Thirty-first street premises was foreclosed in this action and a surplus of over $23,000 created by that foreclosure. Claims were filed for that surplus by the appellant and by the respondent. One…