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VALSEN CONSTR. CORP. v. LONG ISLAND RACQUET & HEALTH CLUB, INC.

228 A.D.2d 668 (1996)

645 N.Y.S.2d 317

Valsen Construction Corp., Appellant, v. Long Island Racquet & Health Club, Inc., Defendant, and Park Associates et al., Respondents

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

June 24, 1996

Ordered that the judgment and order are affirmed, with one bill of costs.

Contrary to the plaintiff's contention, the Supreme Court properly dismissed its claims that the insurance proceeds were the subject of a trust. Lien Law § 4-a, in combination with Lien Law § 70 (5) (f), provides that the proceeds of an insurance policy shall become trust assets where there is "destruction or removal by fire or other casualty...

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