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TUPPER LAKE BANK v. MAGEDSON

187 A.D.2d 147 (1993)

Tupper Lake National Bank, Plaintiff, v. Edward Magedson et al., Defendants, Albert Vanderveer, Respondent, and Briggs, Dwyer and Smith, P. C., Appellant

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

February 4, 1993

Attorney(s) appearing for the Case

Briggs, Dwyer & Smith, P. C., Lake Placid (Matthew H. Dwyer of counsel), for appellant.

Hopkins & Higgins, Lake Placid (Louis H. Higgins of counsel), for respondent.

MIKOLL, J. P., YESAWICH JR., CREW III and HARVEY, JJ., concur.

MAHONEY, J.

At issue in this appeal is whether the claims of three judgment lien creditors to the surplus moneys resulting from a foreclosure sale were properly prioritized. The facts are clear and easily stated. In January 1989, plaintiff lent money to defendants Edward Magedson and Leonard Kraft and took a mortgage on certain realty in Franklin County as security for the debt. In May 1990, foreclosure proceedings...

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