SACKMAN-GILLILAND CORP. v. LUPO


55 A.D.2d 1008 (1977)

Sackman-Gilliland Corporation, Appellant, v. Louis E. Lupo et al., Defendants, and Elson Contractors, Inc., et al., Respondents

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

January 14, 1977


Order unanimously affirmed, with costs.

Memorandum:

Plaintiff appeals from an order which granted partial summary judgment declaring that the building loan mortgages sought to be foreclosed in this action are subordinate and subject to mechanic's liens filed by defendants-respondents. On July 30, 1973 plaintiff issued a mortgage commitment letter to defendant Collett Woods, Inc., in the sum of $2,625,000 relating to the proposed construction of a 168-unit...

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