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MATTER OF ABLE RIGGING CONTRS., INC. v. GEMINI MACH. WORKS, INC.

Index No. 161780/19. Appeal No. 14938-14939-14939A. Case Nos. 2020-04267, 2020-04284, 2021-00314.

200 A.D.3d 588 (2021)

155 N.Y.S.3d 770

2021 NY Slip Op 07495

In the Matter of Able Rigging Contractors, Inc., Appellant, v. Gemini Machine Works, Inc., Respondent.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Karen H. Tommer of counsel), for appellant.

Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

Lien Law § 76(1) entitles "[a]ny beneficiary of the trust holding a trust claim" to either examine the contents of the trustee's books or records or obtain a verified statement of the books or records. The court erred in denying the petition without determining whether respondent is a beneficiary under the statute (see Innovative Drywall v Crown Plastering Corp., 224 A.D.2d 664, 664 [2d Dept 1996], lv dismissed 88 N.Y...

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