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BANK OF NEW YORK v. TERRAPIN INDUS., LLC

Index No. 850121/16. 103643/08. Appeal No. 12714-12714A. Case No. 2019-5285.

189 A.D.3d 620 (2020)

139 N.Y.S.3d 149

2020 NY Slip Op 07705

The Bank of New York, Appellant, v. Terrapin Industries, LLC, et al., Defendants, and KBS Sheapshead Bay, LLC, Respondent. KBS Sheapshead Bay, LLC, Respondent-Appellant, v. Terrapin Design Group LLC et al., Defendants, and Bank of New York, Appellant-Respondent.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Akerman LLP, New York ( Ashley Sparrow Miller of counsel), for appellant.

Ganfer Shore Leeds & Zauderer LLP, New York ( Mark A. Berman of counsel), for respondents.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

The Supreme Court properly concluded that KBS's mortgage lien, recorded in 2015, was superior to any mortgage lien BNY held on a condominium unit at 121 West 15th Street and recorded in 2007.

Regarding BNY's mortgage, on April 9, 2007, Terrapin Industries, LLC (Terrapin) and a lender entered into a $2,720,000 mortgage lien on the condominium unit at issue (the 2007 mortgage). On April 9, 2007, Terrapin's President, Colin...

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