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JUSZAK v. LILY & DON HOLDING CORP.

224 A.D.2d 588 (1996)

639 N.Y.S.2d 403

Anne Juszak, Appellant, v. Lily & Don Holding Corp. et al., Defendants, and August Schulze, Respondent. (And an Intervenor Action.)

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

February 20, 1996

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly found that the loan from the plaintiff to the defendant Lily & Don Holding Corp., an entity controlled by Lily and Don Charnin (hereinafter collectively the Charnin defendants), was not a construction loan. Therefore, the plaintiff's mortgage did not acquire priority over a prior purchase money mortgage extended by the defendant August Schulze to Lily & Don Holding Corp. pursuant...

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