NANUET BANK v. ECKERSON


47 N.Y.2d 243 (1979)

Nanuet National Bank, Appellant, v. Eckerson Terrace, Inc., et al., Defendants, and Token Carpentry, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Samuel Kirschenbaum for appellant.

Donald Tirschwell for respondents.

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


FUCHSBERG, J.

Resolving a dichotomy among departments of the Appellate Division on a matter of no small consequence to the construction and banking industries, we hold that under section 22 of the Lien Law a lender that knowingly files a building loan contract that materially misrepresents the net sum available to the borrower for the improvement suffers a subordination of its mortgage to subsequently arising...

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