M. Leiken & Son, Inc. v. Distinctive Properties Realty Corp.

This is an application by a subcontractor to compel a general contractor to serve a further verified statement in accordance with sections 75 and 76 of the Lien Law.

Article 3-A of the Lien Law (Lien Law, §§ 70-79) mandates that funds received by an owner of real property, a contractor or subcontractor, in connection with an improvement of real property be held by the respective recipient in trust for the payment of specified expenses and the claims of certain persons designated beneficiaries. Section 75 provides, inter alia, that a particular trustee shall “keep books or records ” respecting…