Dewey Ballantine, New York City (Sean P. McGrath of counsel), for Fleet Bank and another, respondents. Norman C. Schwartz, New York City, for Aspro Mechanical Contracting, Inc., and another, petitioners. Jeffrey Schanback, New York City (Stephanie Krieg of counsel), for New York City Housing Authority, respondent.
Supreme Court, Kings County.
GERALD S. HELD, J.
In this action petitioners allege that respondents have improperly diverted trust funds. Respondents Fleet Bank and Fleet Bank, N. A. move for an order, pursuant to CPLR 3211 (a) (7), dismissing the complaint on the ground that the complaint fails to state a cause of action and awarding respondents costs on this motion. Petitioners cross-move for an order, pursuant to CPLR 3025, granting...
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