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I-T-E IMPERIAL CORP. — EMPIRE DIV. v. BANKERS TRUST CO.

73 A.D.2d 861 (1980)

I-T-E Imperial Corporation — Empire Division, Respondent, v. Bankers Trust Company, Appellant, et al., Defendant

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

January 8, 1980

Plaintiff, a supplier of materials on a construction job, brings this action to enforce the statutory trust under article 3-A of the Lien Law with respect to funds paid to a construction contractor. Plaintiff seeks to hold Bankers Trust responsible for the proceeds of a single check from the owner to a contractor, Summers Electric Corporation, for $29,722 deposited by Summers in its account at Bankers Trust. The deposit was made on July 18, 1973. On September 20 and 24, 1973...

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