133 A.D.3d 581 (2015)

18 N.Y.S.3d 560

2015 NY Slip Op 07959

PARK EAST CONSTRUCTION CORP., as Assignee of Davidson Group Companies, Inc., Doing Business as Gilmour Supply Co., Respondent, v. EAST COAST MECHANICAL SERVICES, INC., et al., Appellants.

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

Decided November 4, 2015.

In a class action, inter alia, to recover damages for breach of contract and for diversion of trust assets pursuant to article 3-A of the Lien Law, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Emerson, J.), entered September 10, 2013, as, upon a decision of the same court dated July 30, 2013, made after a nonjury trial, is in favor of the plaintiff (a) on behalf...

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