Warebak Realty Corp. v. Enros Construction Corp.

Application by an owner of real property situate in Queens County pursuant to subdivision 5 of section 76 of the Lien Law to vacate a subcontractor’s request for a “ verified statement ” under subdivision 2 of section 76 of the Lien Law.

All of petitioner’s contentions are without merit save one, i.e., that relating to the sufficiency of the request.

Article S-A of the Lien Law (Lien Law, §§ 70-79) requires, inter alia, that funds received by an owner of real property, a contractor or a subcontractor in connection with an improvement of real property be held in trust for the payment of the…