Alliance Funding Co. v. Taboada

In an action to foreclose a mortgage, the defendant New Jersey Mortgage and Investment Corp. appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 26, 2005, which, after a nonjury trial, determined that the plaintiffs mortgage has priority over its mortgage.

Ordered that the order is affirmed, with costs.

New York has a “race-notice” recording statutory scheme whereby the mortgage recorded first by a mortgagee without notice of any other mortgages will maintain priority over such other mortgages (see Real Property Law § 291; Roth v Porush, 281 AD2d 612, 614…