INT'L ASS'N OF HEAT & FROST INSULATORS & ASBESTOS WORKERS LOCAL NO. 26 WELFARE FUND, PENSION FUND & ANNUITY FUND v. HEBERT INDUS. INSULATION, INC.


234 A.D.2d 930 (1996)

651 N.Y.S.2d 835

International Association of Heat & Frost Insulators and Asbestos Workers Local No. 26 Welfare Fund, Pension Fund and Annuity Fund, by William Urquhart et al., as Trustees, et al., Appellants, v. Hebert Industrial Insulation, Inc., et al., Respondents

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

December 30, 1996


Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred in denying petitioner's application to examine respondents' books and records pursuant to Lien Law §§ 75 and 76. Respondents are the trustees of seven statutory trusts imposed on the proceeds from seven projects to improve certain private and public properties (see, Lien Law § 71 [2] [d]; [4]; see also, Alibrandi Bldg. Sys...

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