Pawling Savings Bank v. Jeff Hunt Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*679The plaintiff claims that the mortgage it holds on the property in question is superior to the mortgage held by the defendant L.J.A. Realty Associates, Inc. (hereinafter L.J.A.). Although L.J.A.’s mortgage was recorded first, the plaintiff claims that its mortgage is superior based upon a subordination clause contained in L.J.A.’s mortgage which provides: "this mortgage
SHALL BECOME SUBORDINATE TO ANY LAND SITE DEVELOPMENT MORTGAGE AND/OR ANY CONSTRUCTION LOAN OR MORTGAGE HEREINAFTER PLACED AGAINST THE PROPERTY HEREIN”. According to the plaintiff, its mortgage is a building loan mortgage. The…
2Cases cited7 opinions
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- King v. PelkofskiNew York Court of Appeals · 1967
- 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
- Zeidel v. DunneAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Roth v. PorushAppellate Division of the Supreme Court of the State of New York · 2001
- R.C.P.S. Associates v. Karam DevelopersAppellate Division of the Supreme Court of the State of New York · 1997
- Bank One v. Mon Leang MuiAppellate Division of the Supreme Court of the State of New York · 2007
- Altshuler Shaham Provident Funds, Ltd. v. GML Tower LLCNew York Supreme Court · 2010
4 more not listed; retrieve them via the Exa API.