Juszak v. Lily & Don Holding Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered June 3,1994, which, among other things, declared that the mortgage held by the plaintiff was subordinate to the mortgage held by the defendant August Schulze.
Ordered that the judgment is affirmed, with costs.
The Supreme Court correctly found that the loan from the plaintiff to the defendant Lily & Don Holding Corp., an entity controlled by Lily and Don Charnin (hereinafter collectively the Charnin defendants), was not a construction loan.…
2Cases cited4 opinions
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
- Finest Investments v. Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Finest Investments v. Security Trust Co.New York Court of Appeals · 1984
3Cited by4 opinions
- Dienst v. Paik Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Alden State Bank v. Sunrise Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Generations Bank v. DonnellyAppellate Division of the Supreme Court of the State of New York · 2021
- Park v. NewbankAppellate Division of the Supreme Court of the State of New York · 2019