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DEV. CORP. v. TRIFORT REALTY

44 N.Y.2d 489 (1978)

W. L. Development Corp., Appellant, v. Trifort Realty, Inc., et al., Defendants, and Ace Hardwood Flooring Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1978.

Attorney(s) appearing for the Case

Norman S. Abrams for appellant.

Gerald Zisholtz for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

The issue on this appeal is whether plaintiff's prior recorded mortgage for materials and labor provided for the construction of streets, road drainage, curbs, sewer lines and gas and electric service mains in a real estate subdivision has priority over a subsequently filed mechanic's lien.

The property in question was originally owned by Muriel...

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