New York Court of Appeals

Ephraim C. Gates, Appellants v. James C. De La Mare, Respondent

May 1, 1894142 N.Y. 307

Summary

The New York Court of Appeals reversed the lower court, holding that the mortgage to the Harlem Savings Bank was a paramount lien that attached to all annexed improvements and to the eminent‑domain award, and that the purchaser on the foreclosure sale received the award free of the attorney’s lien. The Court also rejected the attorney’s claim to a lien based on his agreement with the mortgagor.