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GLENS FALLS INS. CO. v. SCHWAB BROS.

53 Misc.2d 230 (1966)

Glens Falls Insurance Company, in Behalf of Itself and in Behalf of All Other Persons Entitled to Share in the Funds Received or to be Received by Schwab Bros. Trucking, Inc., Subcontractor, from Depew Paving Co., Inc., Prime Contractor, Plaintiff, v. Schwab Bros. Trucking, Inc., et al., Defendants.

Supreme Court, Erie County.

May 25, 1966

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach for plaintiff. Eugene C. Tenney for Schwab Bros. Trucking, Inc., and others, defendants. Robert S. Weinstein for Nathan Benderson, defendant.

CARLTON A. FISHER, J.

Motion by plaintiff for an order granting partial summary judgment in favor of the plaintiff, adjudging that the sum of $220,423.10 are trust funds in the hands of Nathan Benderson, doing business as Bison Factors Co., and adjudging that the sum of $56,432.50 are trust funds in the hands of the defendants Schwab Bros. Trucking, Inc., and Philip B. Schwab, all for the benefit of the statutory...

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