I-T-E Imperial Corp. v. Bankers Trust Co.

Order, Supreme Court, New York County, entered on or about May 21, 1979, denying defendant Bankers Trust Company’s motion for summary judgment, is unanimously reversed, on the law, with costs, and defendant’s motion for summary judgment is granted, and judgment directed dismissing the complaint as against defendant Bankers Trust Company. Plaintiff, a supplier of materials on a construction job, brings this action to enforce the statutory trust under article 3-A of the Lien Law with respect to funds paid to a construction contractor. Plaintiff seeks to hold Bankers Trust responsible for the…