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CIAVARELLA v. PEOPLE

16 A.D.2d 291 (1962)

Frank Ciavarella, in Behalf of Himself and All Others Similarly Situated and Entitled to Share in the Funds Received or to be Received under a Contract for a Public Improvement, Respondent, v. The People of the State of New York et al., Defendants, and Slattery Contracting Co., Inc., et al., Appellants

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

May 4, 1962.

Attorney(s) appearing for the Case

Jacob I. Goodstein, Isidor Zamore and Benjamin W. Mehlman for appellants.

Sharon J. Mauhs and Peter M. Mauhs for respondent.

BERGAN, P. J., COON, HERLIHY and TAYLOR, JJ., concur.

GIBSON, J.

Appeal is taken by two of the defendants from so much of an order of the Supreme Court at Special Term as denied their motion to dismiss for insufficiency the complaint in a representative action to enforce a trust under article 3-A of the Lien Law.

The appellants, as general contractors for a public improvement, contracted for the performance of part of the work by defendant Smith Construction...

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