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GEN. CRUSHED STONE CO. v. STATE

19 N.Y.2d 737 (1967)

General Crushed Stone Company, Respondent, v. State of New York et al., Defendants, and Newark Insurance Company, Appellant. (Action No. 1.) General Crushed Stone Company, Respondent, v. State of New York et al., Defendants, and Newark Insurance Company, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

John F. Lawton and Francis D. McCurn for appellant.

Homer E. Peters, Philip T. Seymour and William L. Allen, Jr., for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.

In each action: Order reversed and the judgment of the Supreme Court reinstated, with costs in this court and in the Appellate Division in a memorandum. The evidence supported the findings of the trial court, and the views of the dissenting Justices in the Appellate Division, that plaintiff and Central New York Contracting Co. engaged in a deliberate scheme to violate the trust provisions of the Lien Law. The ultimate purpose of the scheme was to foist any eventual deficit...

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