Greater New York Development Co. v. Ka-Ro Building Corp.

Judgment reversed upon the law and the facts, with costs, and complaint dismissed in so far as it seeks judgment against the Seaberg Elevator Co., Inc., with costs. The plaintiff did not establish that it was a bona fide purchaser for value by reason of having extended its mortgage on November 23, 1928, at a time when the elevators in question had been installed by the defendant Seaberg Elevator Co., Inc., without the conditional sales agreement being recorded on that date, the recording having taken place on August 21, 1929. *697(McCloskey v. Henderson, 231 N. Y. 130, 135; Boriskin v. Toll…