GRAMATAN-SULLIVAN, INC. v. KOSLOW


143 F.Supp. 641 (1956)

GRAMATAN-SULLIVAN, Inc., Plaintiff, v. Nathan KOSLOW, individually and as principal of an unincorporated entity or assumed name doing business as "C.N.K. Co.," Defendant.

United States District Court S. D. New York.

March 29, 1956.


Attorney(s) appearing for the Case

Prime Bros. & Duffy, Yonkers, N. Y., for plaintiff, Francis J. Duffy, Yonkers, N. Y., of counsel.

Benjamin Jaffe, New York City, for defendant.


PALMIERI, District Judge.

The plaintiff, a supplier of building materials, seeks to recover part of a debt of $33,421.89 concededly owed to it by a building contractor, A. Shaw & Co., Inc. (Shaw). It brings this action to impress a trust on funds paid to the defendant Koslow by Shaw in liquidation of a money debt. The action is brought under §§ 36-a and 71 of the New York Lien Law, McK.Consol.Laws, c. 33. Jurisdiction is founded upon diversity of citizenship...

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