ARBOR COMMERCIAL MORTGAGE, LLC v. ASSOCIATES AT THE PALM, LLC

2010-04658.

95 A.D.3d 1147 (2012)

945 N.Y.S.2d 694

2012 NY Slip Op 3968

ARBOR COMMERCIAL MORTGAGE, LLC, Respondent, v. ASSOCIATES AT THE PALM, LLC, et al., Defendants, and BANK OF SMITHTOWN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 23, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the defendant Bank of Smithtown is denied, that branch of the cross motion of the defendant Bank of Smithtown which was for leave to serve an amended answer asserting a counterclaim seeking lien priority pursuant to the doctrine of equitable subrogation is granted, and the cross...

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