Legal Opinion

Onondaga Commercial Dry Wall Corp. v. 150 Clinton Street, Inc.

New York Court of Appeals

Decided July 2, 1969PublishedCited by 19 opinions

1Opinion of the CourtBergan, J.

The problem posed by this appeal is the relative rights of two classes of claimants to a balance of $23,000 due from the owner on a contract for the construction of apartment buildings. One class is made up of lienors under article 2 of the Lien Law; the other of trust beneficiaries under article 3-A.

In two lien foreclosure actions previously brought in Jefferson County, an order has been made by the Special Term directing the payment of the balance due on the contract into court under section 55 of the Lien Law. Such a deposit, the statute provides, shall “ take the place of ” the property…

2Cited by19 opinions

  1. RLI Insurance v. New York State Department of LaborNew York Court of Appeals · 2002
  2. City of New York v. Cross Bay Contracting Corp.New York Court of Appeals · 1999
  3. Ingalls Iron Works Company v. Fehlhaber CorporationDistrict Court, S.D. New York · 1972
  4. St. Paul Fire & Marine Insurance v. StateNew York Court of Claims · 1979
  5. Marv Laxer Associates, Inc. v. Moredall Realty Corp.District Court, S.D. New York · 1981

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