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ENGINEERED AIR v. LeCESSE BROS. CONTRACTING, INC.

192 A.D.2d 1053 (1993)

596 N.Y.S.2d 248

Engineered Air, a Division of Thermal Components, Inc., on Behalf of Itself and All Other Persons, Firms or Corporations Entitled to Share Funds in Connection with the Improvement of Real Property in the Village of Kenmore, Known as Kenmore High-Rise Apartments for the Elderly and Physically Handicapped, Appellant, v. LeCesse Brothers Contracting, Inc., et al., Respondents, et al., Defendants

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

April 14, 1993

Order reversed on the law with costs and motion granted.

Memorandum:

Plaintiff, a supplier of materials to subcontractor G.A. Dyce, Inc. (Dyce), instituted a class action pursuant to article 3-A of the Lien Law on behalf of itself and all others entitled to share funds owed to Dyce by the contractor. Dyce had filed a petition in Bankruptcy Court. Defendants LeCesse Brothers Contracting, Inc. (LeCesse) and LeCesse Corporation asserted as a second affirmative...

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