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UNDERHILL CONSTR. CORP. v. STEWART M. MULLER CONSTR. CO., INC.

53 A.D.2d 593 (1976)

Underhill Construction Corp., Respondent, v. Stewart M. Muller Construction Company, Inc., et al., Appellants

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

June 29, 1976

In this action based on a claim of breach of a trust created under article 3-A of the Lien Law, defendants-appellants moved separately to compel service of an amended complaint, more definite and certain (CPLR 3024) in respect of plaintiff-respondent's allegations of status to maintain the action, as well as the allegations of breach of trust (CPLR 3016, subd [b]). The relief was granted, but coupled therewith was the right accorded...

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