IN RE BUILDING DYNAMICS, INC.

Bankruptcy Nos. 89-21196, 91-2105.

134 B.R. 715 (1992)

In re BUILDING DYNAMICS, INC., Debtor. Robert S. COOPER, As Trustee, Plaintiff, v. GRISOFE ELECTRIC CORP., Defendant.

United States Bankruptcy Court, W.D. New York.

January 2, 1992.


Attorney(s) appearing for the Case

Harris, Beach & Wilcox by David Rasmussen, Rochester, N.Y., for trustee.

Harris, Evans, Fox & Chesworth by Michael A. Damia, Rochester, N.Y., for Grisofe Elec. Corp.


MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This is a motion and cross-motion for Summary Judgement to void a preferential transfer of $2,912.00 from debtor to subcontractor, Grisofe Electric Corporation. The issue is whether the trustee of a bankrupt contractor may recover as a preference monies paid to a subcontractor, the beneficiary of a statutory trust, under the Lien law of New York.

The parties have stipulated to the facts....

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