MAKHOUL v. 115 96TH STREET HOLDING CORP.


263 A.D.2d 470 (1999)

692 N.Y.S.2d 725

GEORGE MAKHOUL, Appellant, v. 115 96TH STREET HOLDING CORP. et al., Defendants, and RTC MORTGAGE TRUST 1995 S/N1, Respondent.

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

Decided July 12, 1999.


Ordered that the order is affirmed, with costs.

The plaintiff's mechanic's lien, recorded in November 1995, was subordinate to the mortgage lien as the mortgage was recorded six years earlier (see, W.L. Dev. Corp. v Trifort Realty, 44 N.Y.2d 489). Moreover, the mechanic's lien was recorded some 3½ years after the filing of the notice of pendency by the predecessor-in-interest of the defendant RTC Mortgage Trust 1995...

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