Legal Opinion

Betcher v. Rademacher

New York Supreme Court

Decided August 3, 1962PublishedCited by 2 opinions

1Opinion of the CourtReid S. Motile, J.

This is an application to confirm the report of Herman P. Loonsk in a surplus money proceeding evolving out of the foreclosure of real property herein.

The question here is what liens are entitled to priority.

The defendants Rademacher were the owners of real property. The other defendants had liens on it. Under section 13 of the Lien Law a lien for materials furnished or labor performed in the improvement of real property has priority over a lien which is unrelated to the improvement of the property even if the latter lien was filed first. (Corbin-Kellogg Agency v. Tasker, 248 App. Div. 58…

2Cases cited3 opinions

  1. Corbin-Kellogg Agency, Inc. v. TaskerAppellate Division of the Supreme Court of the State of New York · 1936
  2. Baker v. BakerNew York Supreme Court · 1893
  3. Cobleskill Savings & Loan Ass'n v. RickardAppellate Division of the Supreme Court of the State of New York · 1962

3Cited by2 opinions

  1. Monroe Savings Bank v. First National BankAppellate Division of the Supreme Court of the State of New York · 1976
  2. Anderman v. 1395 E. 52nd Street Realty Corp.New York Supreme Court · 1969

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