Amiesite Construction Corp. v. Luciano Contracting & Building Co.

I dissent and, in so far as appealed from, vote to reverse the judgment on the law, with costs, and to direct judgment in favor of the plaintiff, except as to the temporary injunction prayed for, with costs.

Plaintiff is a materialman, under a contract for a public improvement. It did not file a notice of lien. The judgment, so far as appealed from, dismissed the complaint as to certain defendants in the action, which was brought for a money judgment and to impress a trust, and adjudged to be valid an assignment by the contractor of funds appropriated to the contract by the State, due and…