Legal Opinion
New York Savings Bank v. Wendell Apartments, Inc.
New York Supreme Court
Decided October 29, 1963PublishedCited by 5 opinions
1Opinion of the CourtEdwin R. Lynde, J.
In this action to foreclose a building loan mortgage, a mechanic’s lienor (Milton Kaplan, Inc.) moves for .summary judgment claiming its lien is not subject to that of the mortgage because of plaintiff’s failure to file a modification of its building loan contract pursuant to section 22 of the Lien Law.
The building loan contract and mortgage between the plaintiff and the owner of the property were both executed on August 29, 1961, and the contract was filed and the mortgage recorded on September 5, 1961. The loan agreement specified that the improvement being financed was to be completed on…
2Cases cited2 opinions
- P. T. McDermott, Inc. v. Lawyers Mortgage Co.New York Court of Appeals · 1922
- Rosenblum v. Tilden Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by5 opinions
- HNC Realty Co. v. Bay View Towers Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Security National Bank v. Village Mall at Hillcrest, Inc.New York Supreme Court · 1976
- Roslyn Savings Bank v. Lynch III Properties Corp. (In Re Lynch III Properties Corp.)United States Bankruptcy Court, E.D. New York · 1991
- Getman v. Green (In Re Admiral's Walk, Inc.)United States Bankruptcy Court, W.D. New York · 1991
- HNC Realty Co. v. Bay View Towers Apartments, Inc.New York Supreme Court · 1977