McMANUS, LONGE, BROCKWEHL v. PALMER


47 Misc.2d 35 (1965)

McManus, Longe, Brockwehl, Inc., Plaintiff, v. Edward D. Palmer, as Receiver, et al., Defendants. State of New York, Defendant and Interpleading Plaintiff, v. McManus, Longe, Brockwehl, Inc., et al., Interpleaded Defendants.

Supreme Court, Special Term, Albany County.

July 26, 1965


Attorney(s) appearing for the Case

Tobin & O'Brien (Louis Dempf, Jr., of counsel), for plaintiff. Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for Edward D. Palmer, as receiver, and another, defendants. Louis J. Lefkowitz, Attorney-General (Kenneth E. Page of counsel), for State of New York, defendant.


T. PAUL KANE, J.

The plaintiff, a general contractor, has instituted the within action, asserting a claim to a fund of $9,724.49 held by the State of New York upon the grounds that the same is held under the trust fund provisions of article 3-A of the Lien Law. As alternative relief to a judgment directing the State of New York to pay over the fund, plaintiff seeks to have the State of New York interplead plaintiff...

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