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NEW YORK SAV. BANK v. WENDELL APTS.

41 Misc.2d 527 (1963)

The New York Savings Bank, Plaintiff, v. Wendell Apartments, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 29, 1963

Attorney(s) appearing for the Case

Leo Malman for Milton Kaplan, Inc., defendant. Casimir J. P. Patrick for plaintiff.

EDWIN R. LYNDE, J.

In this action to foreclose a building loan mortgage, a mechanic's lienor (Milton Kaplan, Inc.) moves for summary judgment claiming its lien is not subject to that of the mortgage because of plaintiff's failure to file a modification of its building loan contract pursuant to section 22 of the Lien Law.

The building loan contract and mortgage between the plaintiff and the owner of the...

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