ONONDAGA DRY WALL CORP. v. SYLVAN GLEN CO.


26 A.D.2d 130 (1966)

Onondaga Commercial Dry Wall Corp., Respondent, v. Sylvan Glen Co., Inc., Appellant

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

June 30, 1966.


Attorney(s) appearing for the Case

Hancock, Dorr, Ryan, Shove & Hust (John F. Gates and William L. Allen, Jr., of counsel), for appellant.

Welch, Welch & Carr (Charles R. Welch of counsel), for respondent.

WILLIAMS, P. J., GOLDMAN, HENRY and DEL VECCHIO, JJ., concur.


BASTOW, J.

Defendant appeals from a judgment declaring that the sum of $385,000 alleged to have been received by it as proceeds of a building loan agreement is a trust fund pursuant to the provisions of article 3-A of the Lien Law, directing that defendant file an accounting with the court and take other procedural steps that in substance would make the fund available for payment not only of plaintiff's claim...

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