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FRONTIER EXCAVATING v. SOVEREIGN CONSTR.

30 A.D.2d 487 (1968)

Frontier Excavating, Inc., in Behalf of Itself and All Other Persons Entitled to Share in the Funds Received or to be Received by Sovereign Construction Co., Ltd., Appellant, v. Sovereign Construction Company, Ltd., of New Jersey, et al., Respondents. (Action No. 1.) Frontier Excavating, Inc., in Behalf of Itself and All Other Persons Entitled to Share in the Funds Received or to be Received by Sovereign Construction Co., Ltd., Appellant, v. Sovereign Construction Co., Ltd., et al., Respondents. (Action No. 2.)

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

October 31, 1968.

Attorney(s) appearing for the Case

Lutwack, Feldman & Burke (David P. Feldman of counsel), for appellant.

M. Carl Levine, Morgulas & Foreman (Edwin Efros of counsel), for Sovereign Construction Company, Ltd., and another, respondents.

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

WITMER, J.

This is an appeal from an order and two judgments entered thereon in two representative actions tried together, in which the plaintiff seeks to compel the defendant, under article 3-A of the Lien Law, to account to the plaintiff and all others similarly situated with respect to (Action No. 1) defendant's contract for the construction of a public housing improvement for the Seneca Nation Housing Authority...

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