Legal Opinion
Imperial Plumbing & Heating Corp. v. Stratford Development Corp.
New York Supreme Court
Decided December 6, 1960PublishedCited by 1 opinion
1Opinion of the CourtMabio PiTTom, J.
Plaintiffs move to dismiss an affirmative defense. Defendants cross-move for judgment on the pleadings.
The action is by plaintiffs, claiming to be materialmen and laborers, to enforce a trust, under the appropriate provisions of the Lien Law, against funds and property in the hands of the defendants and asserted to be the proceeds of a mortgage intended to improve the real property upon which the plaintiffs worked. The claims are individually asserted and the complaint is not pleaded as a representative action. The defendants Bareli and Istra Construction Oorp. pleaded as a third affirmative…
2Cases cited5 opinions
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- New York Trap Rock Corp. v. National BankAppellate Division of the Supreme Court of the State of New York · 1940
- New York Trap Rock Corp. v. National Bank of Far RockawayNew York Court of Appeals · 1941
- In re the Accounting of EinachNew York Surrogate's Court · 1955
- Ellis Chingos Construction Corp. v. Carlton Properties, Inc.New York Supreme Court · 1958
3Cited by1 opinion
- Davis & Warshow, Inc. v. S. Iser, Inc.New York Supreme Court · 1961