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ALLIED THERMAL CORP. v. TALCOTT, INC.

3 N.Y.2d 302 (1957)

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

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Julius Wolfson and M. M. Leichter for appellants.

Jack S. Hoffinger and Reuben Golin for respondent.

DYE, FULD, VAN VOORHIS and BURKE, JJ., concur with DESMOND, J.; CONWAY, Ch. J., dissents in an opinion in which FROESSEL, J., concurs.

DESMOND, J.

The question is as to whether the language "for the improvement of real property" in section 36-b of the Lien Law (funds received by subcontractor constitute trust funds, etc.) applies to the improvement of real property in States other than New York. Of course, if we read that statute literally and off by itself, there is nothing in it limiting it to subject real property in this State. However, section...

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