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NO. STRUCTURES v. UNION BANK

57 A.D.2d 360 (1977)

Northern Structures, Inc., on Behalf of Itself and All Other Creditors Similarly Situtated, Respondent, v. Union Bank, Appellant

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

May 20, 1977

Attorney(s) appearing for the Case

Walsh & Levine (Raymond Fersko of counsel), for appellant.

Francis X. Murphy for respondent.

Michael R. Griffinger for Eugene L. Boyle, amicus curiae.

MOULE, J. P., SIMONS, DILLON and WITMER, JJ., concur.

CARDAMONE, J.

The action underlying this appeal was commenced on October 13, 1967 by plaintiff, Northern Structures, Inc., against defendant, Union Bank, pursuant to article 3-A of the New York Lien Law to recover statutory trust funds in the amount of $54,498.05 allegedly diverted by Union Bank.

The facts are as follows. In 1965 Imperial 400 National, Inc., a Delaware corporation involved in motel financing...

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