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R.C.P.S. ASSOCS. v. KARAM DEVELOPERS

238 A.D.2d 492 (1997)

656 N.Y.S.2d 666

R.C.P.S. Associates, Appellant-Respondent, v. Karam Developers et al., Respondents, and Stillman Development Corp., Respondent-Appellant. (And a Third-Party Action.)

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

April 21, 1997

Ordered that the interlocutory order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The lien held by the defendant Stillman Development Corp. (hereinafter Stillman) against a portion of the mortgaged premises was obtained and recorded prior to the plaintiff's mortgages. The plaintiff, R.C.P.S. Associates (hereinafter R.C.P.S.), contends, however, that its mortgages have priority over the Stillman lien because...

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