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FIRST NAT. BANK v. TARA CORP.

64 A.D.2d 460 (1978)

First National City Bank, Plaintiff, v. Tara Realty Corporation et al., Defendants; Long Island Beef Co. et al., Respondents; Teachers Insurance and Annuity Association of America, Appellant

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

November 14, 1978

Attorney(s) appearing for the Case

Samuel Kirschenbaum of counsel (Brian Michael Seltzer with him on the brief; Dreyer & Traub, attorneys), for appellant.

Burton Citak for John Bruno and another, respondents.

Robert Jay Rapoport for Long Island Beef Co., respondent.

LUPIANO and FEIN, JJ., concur with KUPFERMAN, J. P.; MARKEWICH and SULLIVAN, JJ., dissent in an opinion by SULLIVAN, J.

KUPFERMAN, J.

The dissenting opinion fairly sets forth the facts in this litigation on priority of liens, and only slight amplification is required.

It appears that the Director of Finance of the City of New York is holding some $96,000 for distribution in accordance with the proper order of priority. The claim of Long Island Beef Co. as supplier for amounts still due from the restaurant known as Danny...

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