WM. B. MORSE LUMBER CO. v. NORTH PONDS APARTMENTS, LLC

1361 CA 13-00793.

114 A.D.3d 1215 (2014)

981 N.Y.S.2d 492

2014 NY Slip Op 840

WM. B. MORSE LUMBER CO., Respondent, v. NORTH PONDS APARTMENTS, LLC, et al., Defendants, and NEW YORK INCOME PARTNERS, LLC, Appellant.

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

Decided February 7, 2014.


Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered December 28, 2012. The order granted the motion of plaintiff for partial summary judgment seeking a determination that its mechanic's lien is valid and has priority over the construction mortgage held by defendant New York Income Partners, LLC.

It is hereby ordered that the order so appealed from is unanimously modified on the law...

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