Continental Casualty Co. v. Ben-Mil, Inc.

Motion for interlocutory judgment for accounting is denied. Upon the sole ground that the corporate defendant is *221indebted to it for insurance premiums, the plaintiff brings this action to compel it to account for moneys alleged to have been received for work, labor and services rendered and materials furnished for the improvement of real property. Plaintiff’s theory is that by sections 36-a and 36-b of the Lien Law moneys so received are declared to be trust funds to be applied, among other purposes, to the payment of premiums on such bonds and policies as plaintiff wrote for the corporate…