Opinion
April 26, 1991
Appeal from the Supreme Court, Monroe County, Rosenbloom, J.
Present — Callahan, J.P., Doerr, Denman, Pine and Lawton, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly rejected plaintiff's argument that Marine Midland Bank's priority interest should be subordinated to plaintiff's subsequently-filed mechanic's lien because Marine Midland Bank violated section 22 Lien of the Lien Law. The borrower's affidavit accompanying the first building loan contract explicitly provides that the net sum available to the borrower for the improvement is "$-0-"; consequently, plaintiff was apprised that no funds from the proceeds of the first loan were available for improvements to the property located at 2620 W. Henrietta Rd., Rochester (see, Nanuet Natl. Bank v. Eckerson Terrace, 47 N.Y.2d 243, 247). We have examined plaintiff's remaining contention and find it to be without merit.