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ALLIED THERMAL CORP. v. JAMES TALCOTT, INC.

3 A.D.2d 198 (1957)

Allied Thermal Corporation et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. James Talcott, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 11, 1957.

Attorney(s) appearing for the Case

James C. Slaughter of counsel (Reuben Golin and Daniel H. Greenberg, with him on the brief; Hahn & Golin, attorneys), for appellant.

Julius Wolfson of counsel (M. M. Leichter with him on the brief; Weissberger & Leichter, attorneys), for respondents.

BOTEIN, RABIN and FRANK, JJ., concur.

PECK, P. J.

This is an action by suppliers of material to a subcontractor to compel defendant, a factor to the subcontractor, to account for funds received by the subcontractor for supplying material to an improvement of premises located in the State of Pennsylvania.

The question presented is whether section 36-b of the Lien Law, declaring funds received by a subcontractor for the improvement of real property...

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