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BLENDEX INDUSTRIAL CORP. v. MOUNT SINAI YACHT CLUB, INC.

31 A.D.3d 680 (2006)

818 N.Y.S.2d 478

BLENDEX INDUSTRIAL CORP., Respondent, v. MOUNT SINAI YACHT CLUB, INC., et al., Appellants.

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

July 25, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the third cause of action, to recover misappropriated trust funds pursuant to Lien Law article 3-A, may be maintained despite the nature of the property at issue as a privately-held leasehold interest in publicly-owned land (see Aspro Mech. Contr. v Fleet Bank, 1 N.Y.3d 324<...

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