W. L. Development Corp. v. Trifort Realty, Inc.

OPINION OF THE COURT

Gabrielli, J.

The issue on this appeal is whether plaintiff’s prior recorded mortgage for materials and labor provided for the construe*493tion of streets, road drainage, curbs, sewer lines and gas and electric service mains in a real estate subdivision has priority over a subsequently filed mechanic’s lien.

The property in question was originally owned by Muriel White and Sherry Linder and was subdivided into 77 lots in section 3 of Harbor Trees in Kings Park, Smithtown, New York. On July 30, 1973 White and Linder contracted to sell 27 lots to plaintiff corporation, which is…