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LOCAL NO. 4, INTERNATIONAL ASSOCIATION OF HEAT AND FROST AND ASBESTOS WORKERS v. BUFFALO WHOLESALE SUPPLY CO., INC.

49 A.D.3d 1276 (2008)

854 N.Y.S.2d 610

LOCAL NO. 4, INTERNATIONAL ASSOCIATION OF HEAT AND FROST AND ASBESTOS WORKERS, et al., Respondents, v. BUFFALO WHOLESALE SUPPLY CO., INC., Doing Business as NIAGARA INSULATIONS, et al., Defendants, and MANUFACTURERS AND TRADERS TRUST COMPANY, Appellant. (Appeal No. 1.)

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

Decided March 14, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiffs, construction workers and the union representing them, commenced this action seeking, inter alia, to recover statutory trust assets allegedly diverted in violation of Lien Law article 3-A. Plaintiffs alleged that defendant Buffalo Wholesale Supply Co., Inc., doing business as Niagara Insulations (BWS...

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