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PUTNINS CONTR. v. WINSTON WOODS

72 Misc.2d 987 (1973)

Putnins Contracting Corporation et al., Plaintiffs, v. Winston Woods at Dix Hills, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 22, 1973

Attorney(s) appearing for the Case

Taback, Hyams, Kalb, Rosenfeld & Essig for plaintiffs. Seymour B. Walzer for defendants.

BERTRAM HARNETT, J.

Examine this issue of apparent first judicial impression. Actions to enforce a trust under article 3-A of the Lien Law must be commenced within one year after completion of an improvement. Does the same apply to abandonment of an improvement?

Here, complaining creditors of a builder seek to recover such trust funds. The defending parties seek to dismiss their complaint under CPLR 3211 (subd. [a], par. 5), claiming...

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