ALDEN STATE BANK v. SUNRISE BUILDERS, INC.


48 A.D.3d 1162 (2008)

853 N.Y.S.2d 230

ALDEN STATE BANK, Respondent, v. SUNRISE BUILDERS, INC., et al., Defendants, and JOSEPH D. PARKER et al., Appellants. (Appeal No. 2.)

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion for partial summary judgment against defendants Joseph D. Parker and Natalie T. Parker seeking determination of the priority of plaintiff's mortgage lien and dismissal of the affirmative defense of those defendants of unclean hands and vacating that determination and reinstating that affirmative defense and as modified the order is affirmed without...

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