PIONEER BLDG.-LOAN & SAV. ASS'N OF TROY v. FRANZONI


12 A.D.2d 704 (1960)

Pioneer Bulding-Loan and Savings Association of Troy, Plaintiff, v. John Franzoni et al., Defendants. James F. Johnson, Appellant, and Troy All State Heating et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1960


On September 30, 1954 a workmen's compensation award was made against the mortgagor as an uninsured employer but judgment was not entered thereon until March 25, 1955. The appellant Johnson holds two mortgages on the property which were recorded after the date of the award but before judgment was entered thereon. The Referee to whom the claims for surplus money were referred ruled that the compensation award was not entitled to priority over the mortgages because of certain...

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