Makhoul v. 115 96th Street Holding Corp.

—In an action, inter alia, to foreclose a mechanic’s lien, the plaintiff appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated February 3, 1997, which granted the motion of the defendant RTC Mortgage Trust 1995 S/Nl, inter alia, to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211.

Ordered that the order is affirmed, with costs.

The plaintiffs mechanic’s lien, recorded in November 1995, was subordinate to the mortgage lien as the mortgage was recorded six years earlier (see, W.L. Dev. Corp. v Trifort Realty, 44 NY2d 489). Moreover, the…