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IN RE ELM RIDGE ASSOCIATES

Bankruptcy Nos. 97-B-22243 (ASH) to 97-B-22245 (ASH), Adversary No. 98-5149A.

234 B.R. 349 (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, v. National Education Benefit Fund and Nob Hill Partners III, LP, Defendants.

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

May 28, 1999.

Attorney(s) appearing for the Case

Mazur Carp & Rubin, P.C. by Gary L. Rubin, New York City, for plaintiff.

Mark S. Tulis, Hawthorne, NY, for plaintiff.

Banks Gruen Shapiro & Gettinger, LLP by Mona D. Shapiro, Mount Kisco, NY, for defendant, NEBF.

DECISION ON LIEN PRIORITY UNDER SECTION 22 OF THE NEW YORK LIEN LAW

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

In this adversary proceeding two creditors dispute the priority of their liens against the debtor's real property on cross-motions for summary judgment. The plaintiff, Ritz-Craft Corporation of PA, Inc. ("Ritz-Craft"), claims that the prior construction loan mortgage lien of defendant National Electrical...

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