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METRO. SAND & GRAVEL CORP. v. LIPSON

7 A.D.2d 916 (1959)

Metropolitan Sand & Gravel Corporation, Plaintiff, v. Sam H. Lipson, as Trustee in Bankruptcy for Carl Caristo and Another, Individually and as Copartners Doing Business as Atlas Construction Company, et al., Defendants Planet Construction Corp., in Behalf of Itself and in Behalf of all Other Persons Entitled to Share in the Funds Received or to be Received by Carl Caristo and Another, Copartners Doing Business as Atlas Construction Co., Third-Party Plaintiff-Appellant, v. Lafayette National Bank et al., Third-Party Defendants-Respondents

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

February 2, 1959

Planet Construction Corp. was the general contractor for the construction of a public school in the City of New York. Carl Caristo and Fred Petillo, copartners doing business as Atlas Construction Co., were subcontractors for the concrete work. Metropolitan Sand and Gravel Corporation sold materials to Atlas in connection with that construction work and instituted the main action against the trustee in bankruptcy of Atlas, other unpaid materialmen of Atlas, Planet and others...

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