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ADAMS v. CARRIAGE HOUSE FARM, INC.

2010-10312.

90 A.D.3d 601 (2011)

933 N.Y.S.2d 894

2011 NY Slip Op 8901

FRED ADAMS, JR., INC., Appellant, v. CARRIAGE HOUSE FARM, INC., et al., Defendants, and PUTNAM COUNTY NATIONAL BANK OF CARMEL, Respondent. (And a Related Action.)

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

Decided December 6, 2011.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff's mechanic's lien was subordinate to the construction loan mortgage held by the defendant Putnam County National Bank of Carmel (hereinafter PCNBC), as no evidence was submitted that the lender failed to comply with Lien Law § 22 (see Nanuet Natl. Bank v Eckerson Terrace, 47 N.Y.2d 243...

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