DIME SAV. BANK OF NEW YORK v. KAKAR


203 A.D.2d 50 (1994)

610 N.Y.S.2d 33

Dime Savings Bank of New York, FSB, Appellant, v. Mandhar Kakar et al., Respondents

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

April 7, 1994


The lone issue raised in this appeal is the statutory interpretation of Real Property Law § 339-z, which states, in pertinent part: "The board of managers * * * shall have a lien on each unit for the unpaid common charges thereof * * * prior to all other liens except only * * * (ii) all sums unpaid on a first mortgage of record * * *. Upon the sale or conveyance of a unit, such unpaid common charges shall be paid out of the...

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