HNC REALTY v. BAY VIEW APTS.


64 A.D.2d 417 (1978)

Hnc Realty Company (Known in New York State as Hnc Realty Company, Inc.), Appellant-Respondent, v. Bay View Towers Apartments, Inc. et al., Defendants; Atlas, Balogh Associates et al., Respondents; Alwinseal, Inc., Respondent-Appellant. (Action No. 1.) National Wall Systems, Respondent, v. Bay View Towers Apartments, Inc. et al., Defendants; Williamsburg Steel Products Co. et al., Respondents; J & J Tile Company, Inc., Respondent-Appellant. (Action No. 2.)

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

November 13, 1978


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Allan Blumstein, Joseph E. Browdy and Richard Wasserman of counsel), for appellant-respondent.

LeVine, Lipton, Rosenthal & Weinstein (Norman L. Rosenthal of counsel), for Alwinseal, Inc., respondent-appellant.

Altieri, Kushner & Miuccio (Marc L. Zoldessy of counsel), for J & J Tile Company, Inc., respondent-appellant.

Donald Tirschwell for National Wall Systems, respondent.

Santangelo & Santangelo (Bernard B. Cohen of counsel), for Imperial Sheet Metal Works, Inc., respondent.

Golenbock & Barell (Arthur C. Silverman and Stephen M. Rathkopf of counsel), for Williamsburg Steel Products Co. and another, respondents.

Amen, Weisman & Butler (Robert D. Weisman of counsel), for Simpson Electric Corp., respondent.

Shapiro & Brown (David Brown of counsel), for Anthony Perri, Inc., respondent (no brief).

Sonnenfeld & Busner for Jack Brown and others, respondents (no brief).

HOPKINS, J. P., LATHAM and SUOZZI, JJ., concur.


DAMIANI, J.

The issue in this case is whether certain mechanics' liens are entitled to priority as against the lien of a building loan mortgage in the application of the proceeds of a foreclosure sale. Section 13 of the Lien Law provides that the lien of a building loan mortgage shall be superior to mechanics' liens provided, inter alia, that the building loan...

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