Opinion
April 2, 1996
Appeal from the Supreme Court, Nassau County (Alfred Robbins, J.).
The IAS Court properly determined that once intervenor Henny Sonnenburg paid off the debt owed to Midlantic Bank by her husband and his company, she became subrogated to the rights and priorities of the bank, from which she received a written assignment ( see, Gerseta Corp. v. Equitable Trust Co., 241 N.Y. 418). Her claim was, therefore, entitled to priority over that of intervenor-appellant, since Midlantic Bank's claim was perfected prior to that of intervenor-appellant, notwithstanding that the assignment of Midlantic's rights to intervenor-respondent occurred last in this sequence of events. We have considered intervenor-appellant's remaining arguments and find them to be without merit.
Concur — Milonas, J.P., Ellerin, Rubin, Ross and Mazzarelli, JJ.