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ÆTNA CAS. & SUR. v. LAFAYETTE NAT. BANK

35 A.D.2d 137 (1970)

Ætna Casualty and Surety Company, on Behalf of Itself and All Others Entitled to Share in the Proceeds Arising under a General Construction Contract, Appellant, v. Lafayette National Bank of Brooklyn in New York et al., Respondents, et al., Defendant

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

October 22, 1970.

Attorney(s) appearing for the Case

Jerold Morgulas of counsel (M. Carl Levine, Morgulas & Foreman, attorneys), for appellant.

Pallister H. Feely (Wrenn & Schmid, attorneys), for Lafayette National Bank, respondent.

Edward A. Silliere (Sullivan & Thorp, attorneys), for Franklin National Bank, respondent.

Norman Bard for John D. Weiss and others, respondents.

Paul Lindemann for Maynard Merel, respondent.

CAPOZZOLI, J. P., MARKEWICH and STEUER, JJ., concur.

NUNEZ, J.

In this action to recover sums said to represent trust funds diverted in violation of the Lien Law, plaintiff, the Ætna Casualty and Surety Company (Ætna) appeals from a judgment entered after a nonjury trial dismissing the amended complaint against all defendants.

Ætna was the surety on a performance bond for defendant Ranes Construction Corp. (Ranes). The bond had been issued...

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