New York Plumbers' Specialties Co. v. Fitzgerald

Defendant Greendlinger makes this application pursuant to section 587 of the Civil Practice Act for restitution of moneys paid to plaintiff under a judgment of this court.

On March 17, 1939, said defendant Avas the recipient of an assignment for the benefit of creditors executed by Interborough Utilities Company. Thereafter an action predicated upon section 36-a of the Lien Law Avas instituted by plaintiff to recover the sum of approximately $2,600, which had come into defendant’s possession by virtue of such assignment. Subsequently the United States of America intervened contending that it…