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IN RE 455 CPW ASSOCIATES

Bankruptcy 94 B 45399. Adv. No. 95/1354A.

192 B.R. 85 (1996)

In re 455 CPW ASSOCIATES, Debtor. HERBERT CONSTRUCTION COMPANY, INC., Plaintiff, v. The GREATER NEW YORK SAVINGS BANK, Defendant.

United States Bankruptcy Court, S.D. New York.

February 7, 1996.

Attorney(s) appearing for the Case

Ross & Cohen, LLP by Gerard Romski, New York City, William L. Barish, Mt. Kisco, New York, for Herbert Construction Company, Inc.

Herrick, Feinstein LLP by Raymond N. Hannigan, New York City, for The Greater New York Savings Bank.

MEMORANDUM DECISION ON MOTION TO DISMISS COMPLAINT

BURTON R. LIFLAND, Chief Judge.

Herbert Construction Co., Inc. ("Herbert") commenced this adversary proceeding against The Greater New York Savings Bank (the "Greater") seeking to have the Greater's mortgage lien subordinated to Herbert's mechanic's lien. Herbert maintains that its mechanic's lien for construction work at the building is entitled to priority...

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