FLECK v. PERLA


40 A.D.2d 1069 (1972)

Clyde P. Fleck, Doing Business as Clyde P. Fleck Roofing & Siding Company, Appellant, v. Samuel C. Perla, Respondent

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

December 12, 1972


Order unanimously reversed, with costs, plaintiff's motion to strike portions of the answer granted and defendant's cross motion to dismiss the complaint and for summary judgment denied.

Memorandum:

It is clear that a beneficiary under the provisions of article 3-A of the Lien Law can bring an action to recover trust assets in the hands of a corporate transferee. Section 77 (subd. 3, par. [a], cl. [i]) of the Lien Law provides that in an action to enforce...

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