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SCHWADRON v. FREUND

69 Misc.2d 342 (1972)

Simon H. Schwadron et al., on Behalf of Themselves and of All Other Persons Entitled to Share in Funds Received by Sam Freund and Others, as Officers, Directors and Stock-holders of HES Construction Corp., Plaintiffs, v. Sam Freund et al., Defendants.

Supreme Court, Rockland County.

March 9, 1972

Attorney(s) appearing for the Case

Granik, Garson, Silverman & Nowicki for plaintiffs. Sohn & Gross for defendants.

JOHN C. MARBACH, J.

Plaintiffs in this representative action move for summary judgment in an action to enforce a statutory trust under article 3-A of the Lien Law in which damages for breach of trust are sought.

Plaintiffs entered into separate contracts for purchase of real property under development located in Valley Cottage, Town of Clarkstown, with HES Construction Corp.(HES) as owner. HES agreed...

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