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WAGNER v. MAENZA

223 A.D.2d 640 (1996)

636 N.Y.S.2d 857

Arthur Wagner, Appellant, v. Philip Maenza et al., Defendants, and Prudential Home Mortgage Company, Inc., as Successor in Interest to Imperial Savings Association, Respondent. (Action No. 1.) Prudential Home Mortgage Company, Inc., as Successor in Interest to Prudential Home Mortgage Company, Respondent, v. Philip Maenza et al., Defendants, and Arthur Wagner, Appellant. (Action No. 2.)

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

January 22, 1996

Ordered that the order is affirmed, with costs.

Arthur Wagner and Prudential Home Mortgage Company, Inc. (hereinafter Prudential) contemporaneously held mortgages on the same residential real property. Notwithstanding that the mortgage held by Wagner was recorded on March 15, 1988, before Prudential recorded its mortgage on March 30, 1988, Prudential claimed priority as a matter of law because it had satisfied a third-party...

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