WILMINGTON TRUST v. LLC (2026)

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about October 16, 2025, which, to the extent appealed from as limited by the briefs, determined that plaintiff's mortgage lien had priority over defendant The 17 Battery Place Condominium's common charge lien, granted plaintiff's motion for summary judgment, and denied 17 Battery Place's motion for summary judgment, unanimously affirmed, with costs.

The court properly granted plaintiff's motion for summary judgment based on its finding that plaintiff's mortgage, which was recorded in 2016, had priority over the 2023 common charge lien filed by defendant 17 Battery Place.  Real Property Law § 339–z does not grant an exception for “commercial” condominiums, but for exclusively “non-residential” condominiums.  It is undisputed that the condominium here was being used, at least in part, for residential purposes.  We note that the court's focus on the use of the property is consistent with both the legislative history of Real Property Law § 339–z and other sections of the Condominium Act (Real Property Law § 339–d et seq.).