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ONONDAGA WALL CORP. v. 150 CLINTON ST.

25 N.Y.2d 106 (1969)

Onondaga Commercial Dry Wall Corp., Plaintiff, v. 150 Clinton Street, Inc., et al., Defendants. United States of America et al., Intervenors-Respondents; Adirondack Carpenters Welfare Fund et al., Appellants.

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Richard F. Schwerzmann for appellants.

Joseph Kover, Johnnie M. Walters, Lee A. Jackson, Crombie J. D. Garrett, Howard M. Koff, Justin J. Mahoney and James P. Shanahan for United States of America, intervenor-respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Edwin R. Oberwager of counsel), for New York State Tax Commission, intervenor-respondent.

George A. Roland for V. Zappala & Company, Inc., amicus curiæ.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and JASEN concur.

BERGAN, J.

The problem posed by this appeal is the relative rights of two classes of claimants to a balance of $23,000 due from the owner on a contract for the construction of apartment buildings. One class is made up of lienors under article 2 of the Lien Law; the other of trust beneficiaries under article 3-A.

In two lien foreclosure actions previously brought in Jefferson County, an order has been...

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