Valley National Bank v. Penna
Cases that cite this one
1 later published case cites this decision.
- Aspen Shackleton III, LLC v. Gordon (Appellate Division of the Supreme Court of New York 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In opposition to the plaintiffs prima facie showing of entitlement to judgment as a matter of law, Timber Ridge failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Contrary to Timber Ridge’s contention, the Declaration did not give its alleged lien for unpaid assessments priority over the plaintiffs first mortgage lien. The Declaration did not purport to create an actual lien, but, rather, merely provided for a potential lien for unpaid assessments. Thus, the Declaration did not give actual or constructive notice of a concrete claim, but, rather, only of a potential claim (see Real Property Law § 291; Fleet Mtge. Corp. v Nieves, 272 AD2d 435, 435 [2000]; Victoria Woods Homeowners Assn. v Gonyo, 192 AD2d 1107, 1107 [1993]; Polish Natl. Alliance of Brooklyn v White Eagle Hall Co., 98 AD2d 400, 403-404 [1983]). Accord
Case-law data current through September 30, 2026. Source: CourtListener bulk data.