United States Second Circuit

A borrower's affidavit is not rendered materially false under New York's Lien Law for including in the statement "the net sum available to the borrower for the improvement" amounts used by borrower to reimburse another for work completed prior to the procurement of the construction loan.

Appellate Information

• Decided 12/14/2000
• Published 12/14/2000

Judges

• MINER, Circuit Judge:, Before WALKER, Chief Judge, MINER and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary L. Rubin,Mazur, Carp & Rubin, P.C., New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Mona D. Shapiro, Banks Shapiro & Gettinger, LLP, Mount Kisco, N.Y. (Satterlee Stephens Burke & Burke, LLP, New York, NY, and Thatcher Proffitt & Wood, New York, NY, on the brief), for Defendant-Appellee.