SOEP CO. v. HIGHGATE HALL


142 Misc.2d 45 (1988)

Ben Soep Company, Inc., on Behalf of Itself and All Other Holders of Trust Claims Similarly Situated, Plaintiff, v. Highgate Hall of Orange County, Inc., et al., Defendants.

Supreme Court, Monroe County.

December 14, 1988


Attorney(s) appearing for the Case

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for plaintiff. Harter, Secrest & Emery (Bruce E. Hansen of counsel), for Marine Midland Bank, defendant. Dubin, Sommerstein & Hunter (Robert B. Sommerstein of counsel), for Industrial Investment Trust, defendant.


RAYMOND E. CORNELIUS, J.

The plaintiffs, including Ben Soep Company, Inc., are members of a certified class of 24 subcontractors and materialmen who performed labor and/or furnished materials, and also filed mechanics' liens, in connection with a project known as Strathallan Manor, located on East Avenue in Rochester, New York. The amended complaint alleges that the project owner, Highgate Hall of Orange County...

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