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PALM BEACH REALTY v. KANGIESER, INC.

36 Misc.2d 1058 (1962)

Palm Beach Realty Co., Inc., et al., Plaintiffs, v. Harry J. Kangieser, Inc., et al., Defendants. Harry J. Kangieser, Inc., on Behalf of Itself and All Other Persons, Claimants and Beneficiaries Similarly Situated, Plaintiff, v. Palm Beach Realty Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 9, 1962

Attorney(s) appearing for the Case

George C. Weber and Cahill & Cahill for Harry J. Kangieser, Inc. Donald A. Gerson for Palm Beach Realty Co., Inc., and others. McLaughlin & Stern for La Coquille of Westhampton Beach, Inc.

GEORGE TILZER, J.

In this consolidated action, one of the plaintiffs, who was the contractor on a certain development, seeks an order requiring defendant Palm Beach Realty Co., Inc. to furnish a surety bond pursuant to section 77 (subd. 3, par. [a], cl. [v]) of the Lien Law. Said section provides for the enforcement of trust claims arising under article 3-A of the Lien Law. The particular section referred to...

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