IN RE ELM RIDGE ASSOCIATES

No. 99 Civ. 8973(CM).

241 B.R. 321 (1999)

In re ELM RIDGE ASSOCIATES, Elm Ridge Associates II and Nob Hill Partners III, L.P., Debtors. Ritz-Craft Corporation of PA, Inc., Plaintiff-Respondent, v. National Electrical Benefit Fund, Defendant-Appellant, and Nob Hill Partners III, LP, Defendant.

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

November 19, 1999.


Attorney(s) appearing for the Case

Mona D. Shapiro, Banks Pickett Gruen & Shapiro, Mt. Kisco, NY, for National Electric Benefit Fund, appellant.

Gary L. Rubin, Mazur, Carp & Rubin, P.C., New York City, Mark S. Tulis, Oxman, Geiger, Natale & Tulis, P.C., Hawthorne, NY, for Ritz-Craft Corporation of PA, Inc., appellee.


DECISION AND ORDER ON APPEAL

McMAHON, District Judge.

Defendant National Electrical Benefit Fund (NEBF)1 appeals to this Court from an order and judgment of the United States Bankruptcy Court for the Southern District of New York (Hardin, B.J.), entered June 23, 1999, which granted plaintiff's motion for summary judgment subordinating NEBF's secured mortgage lien to a mechanics' lien...

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