Judgment unanimously reversed on the law and facts and complaint dismissed, without costs of this appeal to either party.
Memorandum:
This action was brought under the Lien Law for the diversion of trust funds alleged to have been received by the Fosterham Corporation upon the sale of certain real property. The funds, it is claimed, were required to be held in trust for the payment of laborers and materialmen. The court below decided the case upon a theory...
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