F.L. MITCHELL CORP. v. SHEETS


172 A.D.2d 1050 (1991)

F.L. Mitchell Corp., Appellant, v. John K. Sheets et al., Defendants, and Marine Midland Bank, Respondent

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

April 26, 1991


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly rejected plaintiff's argument that Marine Midland Bank's priority interest should be subordinated to plaintiff's subsequently-filed mechanic's lien because Marine Midland Bank violated section 22 of the Lien Law. The borrower's affidavit accompanying the first building loan contract explicitly provides that the net sum available to the borrower for the improvement is "$-0-"; consequently...

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