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BEN SOEP CO., INC. v. HIGHGATE HALL OF ORANGE COUNTY, INC.

71 A.D.2d 825 (1979)

Ben Soep Company, Inc., Respondent, v. Highgate Hall of Orange County, Inc., et al., Defendants, and Industrial Investment Trust et al., Appellants

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

July 13, 1979

Order unanimously modified and, as modified, affirmed, with costs to defendants Kosow, in accordance with the following memorandum: In this representative action, plaintiff, Ben Soep Company, sues to recover statutory trust funds (Lien Law, art 3-A). It claims that trust assets consisting of $600,000, advanced by Marine Midland Bank-Rochester (Bank) under a building loan contract to Highgate Hall of Orange County, Inc. (Highgate), were diverted for nontrust purposes to defendant...

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