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IN RE WESTCHESTER STRUCTURES, INC.

Bankruptcy No. 93 B 40685. Adv. No. 94-8347A.

181 B.R. 730 (1995)

In re WESTCHESTER STRUCTURES, INC., Debtors. Bruce D. SCHERLING, as Trustee of Westchester Structures, Inc., Plaintiff, v. HELLMAN ELECTRIC CORPORATION, Defendant.

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

February 17, 1995.

Attorney(s) appearing for the Case

R. Funicello, Vincent A. DeIorio Law Firm, Purchase, for Hellman Elec. Corp. (HEC).

G.P. Rech, Scherling, Davidson & Rech, P.C., New York City, for Bruce D. Scherling, Trustee (Trustee) of Westchester Structures, Inc. (Debtor).

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT

FRANCIS G. CONRAD,* Bankruptcy Judge.

The matter before us1 concerns the application of the statutory trust provisions of Article 3A of the New York Lien Law to the relationship between a contractor and subcontractor involved in a contract for public improvement. The first issue is whether the subcontractor, HEC, has asserted its trust claim under...

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