Legal Opinion
Adirondack Trust Co. v. Thomas J. Bien & Associates, Inc.
New York Supreme Court
Decided June 25, 1996PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
William H. Keniry, J.
This case, one of apparent first impression, raises a question of priority between the holder of a mortgage executed pursuant to a building loan contract and the holder of a mechanic’s lien subsequently filed against the same property.
Defendant Thomas J. Bien & Associates, Inc. (Bien) was a general contractor engaged in the construction of single-family homes in a development called Arrowhead Estates in the City of Saratoga Springs. Plaintiff financed the construction of a home on a lot Bien owned designated as 25 Arrowhead Road. On March 29, 1995…
2Cases cited1 opinion
- Nanuet National Bank v. Eckerson Terrace, Inc.New York Court of Appeals · 1979
3Cited by3 opinions
- In Re: Elm Ridge AssociatesCourt of Appeals for the Second Circuit · 2000
- Ritz-Craft Corp. of PA, Inc. v. National Electrical Benefit Fund (In re Elm Ridge Associates)District Court, S.D. New York · 1999
- Ritz-Craft Corp. of PA, Inc. v. National Electric Benefit FundCourt of Appeals for the Second Circuit · 2000