Foreclosures—Condominiums—Lender’s Blanket Mortgage was a “First Mortgage” and Entitled to Priority Over Condominium’s Lien for Unpaid Common Charges—RPL §339-z
A plaintiff lender sought to foreclose on a consolidated mortgage which encumbered three residential units and a commercial garage unit in a condominium building. The defendant condominium sponsor (sponsor) and owner of the mortgaged units had defaulted on the mortgage. The defendant Board of Managers (board) counterclaimed and cross-claimed to foreclose a statutory lien for unpaid common charges. Each party sought summary judgment, claiming that they were “entitled to priority over the other lien under New York’s Condominium Act, RPL §§339-d-339-kk.” The court granted the plaintiff’s motion for summary judgment and denied the board’s motion for summary judgment.
