Capone v. Simantob Realty Corp.

In this action to foreclose a mortgage the defendants have defaulted. Paramount Concrete Foundation Company, Inc., is a lienor. It, in an affirmative defense, seeks to foreclose its lien, and alleges that plaintiff and the record owner entered into a corrupt agreement to defraud it. The scheme was for plaintiff to convey three lots to the record owner. The latter would engage Paramount to move a building to the lots and renovate it. Paramount would not be paid for its work, and, if it filed a hen, plaintiff would commence suit to foreclose her mortgage (a prior hen), and thus wipe out…