ATL. BANK OF NEW YORK v. FORREST HOUSE HOLDING CO.


234 A.D.2d 491 (1996)

651 N.Y.S.2d 607

Atlantic Bank of New York, Appellant, v. Forrest House Holding Company et al., Defendant, and Atlas Building Systems, Inc., et al., Respondents

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

December 23, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

In this mortgage foreclosure action, the respondents, inter alia, counterclaimed to foreclose or enforce their respective mechanic's liens. The plaintiff moved, inter alia, for summary judgment against them on the ground that its recorded mortgage had priority over their mechanic's liens, at least to the extent of the $2,200,000 loan given by it to the defendant Forrest House Holding...

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