Legal Opinion
Herbert Construction Co. v. Greater New York Savings Bank (In Re 455 CPW Associates)
United States Bankruptcy Court, S.D. New York
Decided February 7, 1996No. 14-36050PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION ON MOTION TO DISMISS COMPLAINT
BURTON R. LIFLAND, Chief Judge.
Herbert Construction Co., Inc. (“Herbert”) commenced this adversary proceeding against The Greater New York Savings Bank (the “Greater”) seeking to have the Greater’s mortgage lien subordinated to Herbert’s mechanic’s lien. Herbert maintains that its mechanic’s lien for construction work at the building is entitled to priority over the Greater’s earlier-filed mortgage because the Bank failed to file a building loan contract as required by section 22 of the New York Lien Law.
The Greater seeks an order (a) pursuant…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Goldman v. BeldenCourt of Appeals for the Second Circuit · 1985
- Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ritz-Craft Corp. v. National Education Benefit Fund (In re Elm Ridge Associates)United States Bankruptcy Court, S.D. New York · 1999