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ANDY ASSOC. v. BANKERS TRUST

49 N.Y.2d 13 (1979)

Andy Associates, Inc., Respondent, v. Bankers Trust Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Richard Gyory, Herbert B. Ruskin and Daniel E. Clifton for appellant.

Lawrence E. Fabian and Arthur S. Penn for respondent.

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

GABRIELLI, J.

Plaintiff Andy Associates, Inc., commenced this action to foreclose a second mortgage on premises located at 240 West 103rd Street, New York, New York. Defendant Bankers Trust Co., holder of a junior mortgage interest in the same premises, challenged Andy Associates' claim of priority on the ground that Andy Associates' predecessor in interest had failed to record its lien in the office of the county...

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