Love Drywall, Inc. v. Harbor Light Development Corp.

— In an action, inter alia, to enforce a trust under article 3-A of the Lien Law, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated April 8, 2009, as denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (5).

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, we find no reason to disturb the Supreme Court’s denial of that branch of the defendants’ motion which was to dismiss the complaint pursuant *1035to CPLR 3211 (a) (4), based…