Order unanimously reversed, without costs and motion granted.
Memorandum:
This action is brought under article 3-A of the Lien Law to have defendant Benderson declared trustee of the proceeds of a subcontract which he received from defendant Schwab in repayment of advances made by him to Schwab. Plaintiff had issued performance and payment bonds covering the work under the subcontract, has paid certain claims of material-men and sues on its own behalf and...
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