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COLGATE SCAFFOLDING & EQUIPMENT CORP. v. YORK HUNTER CITY SERV.

14 A.D.3d 345 (2005)

787 N.Y.S.2d 305

COLGATE SCAFFOLDING & EQUIPMENT CORP. et al., Appellants, v. YORK HUNTER CITY SERVICES, INC., et al., Respondents, et al., Defendants.

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

January 6, 2005.

This class action alleges that funds required to be segregated pursuant to the trust imposed by article 3-A of the Lien Law for the benefit of "subcontractors, materialmen and laborers" (see Tri-City Elec. Co. v People, 96 A.D.2d 146, 149 [1983], affd 63 N.Y.2d 969 [1984]) were diverted by the SCA, York Hunter and certain of York Hunter's employees and agents. The action was brought by Colgate...

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