ARDISCO, LTD. v. TACONIC HOLDING CORP.


10 A.D.2d 973 (1960)

Ardisco, Ltd., Appellant, v. Taconic Holding Corp., et al., Defendants, and Vincent E. Grohmann, et al., Respondents

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

May 16, 1960


The Special Term held that, although said defendants' contracts were either unrecorded or in some instances recorded subsequent to the mortgage, their liens are superior to the lien of the mortgage unless the mortgage was taken without notice, actual or constructive, of their rights (Cassia Corp. v. North Hills Holding Corp., 278 App. Div. 960; Williamson v. Brown, 15 N.Y. 354). The Special Term also held that a triable issue exists as to whether plaintiff's...

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