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ADIRONDACK TRUST v. BIEN

168 Misc.2d 919 (1996)

645 N.Y.S.2d 288

Adirondack Trust Company, Plaintiff, v. Thomas J. Bien & Associates, Inc., et al., Defendants.

Supreme Court, Saratoga County.

June 25, 1996

Attorney(s) appearing for the Case

Walsh & Walsh, L. L. P., Saratoga Springs, for plaintiff. McNamee, Lochner, Titus & Williams, P. C., Albany, for Collins Lumber Corporation, defendant. Breakell & Couch, P. C., Albany, for Electric City Concrete Co., Inc., and another, defendants.

WILLIAM H. KENIRY, J.

This case, one of apparent first impression, raises a question of priority between the holder of a mortgage executed pursuant to a building loan contract and the holder of a mechanic's lien subsequently filed against the same property.

Defendant Thomas J. Bien & Associates, Inc. (Bien) was a general contractor engaged in the construction of single-family homes in a development...

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