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FOREST ELECTRIC CORP. v. KARCO-DAVIS, INC.

259 A.D.2d 303 (1999)

686 N.Y.S.2d 411

FOREST ELECTRIC CORP., Appellant, v. KARCO-DAVIS, INC., et al., Defendants, and JULES DAVIS, Respondent.

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

Decided March 9, 1999.

Plaintiff subcontractor Forest Electric sues to recover funds entrusted for its benefit pursuant to Lien Law article 3-A (Lien Law § 70 et seq.,) but allegedly diverted by defendants Karco-Davis, Inc. and Jules Davis. Although the motion court dismissed the action against the individual defendant, Jules Davis, we cannot agree that Davis' conclusory denials of the alleged diversion warranted summary judgment in his favor. In view of Davis' admissions as to the...

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