Di Tomas v. David Levine Development Corp.

In an action inter alia to impress a lien on certain real property, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered December 8, 1975, which, after a nonjury trial, (1) dismissed the complaint and (2) canceled the notice of pendency. Judgment affirmed, with costs. The fact that the Suffolk County Sewer Agency, after the contract of sale for the land in question was signed, adopted a resolution requiring payments which "shall constitute a trust fund to be used exclusively for a future communal sewerage system” (see Town Law, § 277, subd 5, par [b]), did not…