ALTSHULER FUNDS v. GML TOWER

2008-9348.

28 Misc.3d 475 (2010)

900 N.Y.S.2d 846

ALTSHULER SHAHAM PROVIDENT FUNDS, LTD., Plaintiff, v. GML TOWER LLC et al., Defendants.

Supreme Court, Onondaga County.

Decided May 17, 2010.


Attorney(s) appearing for the Case

Hahn Loeser & Parks LLP, Cleveland, Ohio ( Timothy M. Biddell of counsel), and Gilberti Stinziano Heintz & Smith, P.C., Syracuse ( Martin A. Lynn of counsel), for The Hayner Hoyt Corporation, defendant. Byrne Costello & Pickard, P.C., Syracuse ( Terry R. Pickard of counsel), for Syracuse Merit Electric, defendant. Phillips Lytle LLP, Rochester ( Mark J. Moretti of counsel), for The Pike Company, Inc., defendant. Menter, Rudin & Trivelpiece, P.C., Syracuse ( Mitchell J. Katz of counsel), for GML Tower LLC and others, defendants. Olshan Grundman Frome Rosenzweig & Wolosky, LLP, New York City ( Thomas J. Fleming of counsel), for Financitech, Ltd., defendant. D'Arrigo Law Offices, Liverpool ( Robert M. Cote of counsel), for Pyramid Roofing & Sheet Metal Co., Inc., defendant. Ali, Pappas & Cox, P.C., Syracuse ( Thomas P. Givas of counsel), for L.A. Painting, Inc., defendant. Gilles R. R. Abitbol , Liverpool, for The Effect Group, Inc., defendant. Hancock & Estabrook, LLP, Syracuse ( John G. Powers of counsel), for plaintiff. Louis G. Fournier, III , Syracuse, receiver.


OPINION OF THE COURT

DEBORAH H. KARALUNAS, J.

By notice of motion dated December 3, 2009, defendant The Hayner Hoyt Corporation sought an order declaring that a March 4, 2008 mortgage increase, modification and spreader agreement is subordinate to its mechanic's lien of $3,238,106 filed on October 31, 2008.

By notice of cross motion dated January 19, 2010, defendant Syracuse Merit Electric, a division of O'Connell Electric Company, Inc., requested...

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