WYNKOOP v. MINTZ


17 Misc.2d 1093 (1958)

Audley C. Wynkoop, in Behalf of Himself and in Behalf of All Other Persons Entitled to Share in the Funds Received or to be Received by Yves De Villers, Plaintiff, v. Lee R. Mintz et al., Individually and Doing Business under the Name of Mint Factors, et al., Defendants.

Supreme Court, Special Term, Kings County.

December 29, 1958.


Attorney(s) appearing for the Case

Schwager, Landau & Krantz for plaintiff.

Edward Collins for Lee R. Mintz and another, defendants.


MEIER STEINBRINK, Spec. Ref.

This is an action pursuant to section 71 (art. 3-A) of the Lien Law to impress a trust (created by section 25-b of said law) upon funds allegedly received by defendants under a contract for a public improvement. As provided by section 71, plaintiff sues on behalf of himself and all persons entitled to share in the fund, although it appears that there are no others unpaid.

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