A. D. Walker & Company v. Shelter Programs Co.

In a proceeding pursuant to subdivision 5 of section 76 of the Lien Law, the appeal is from an order of the Supreme Court, Westchester County (Rubenfeld, J.), entered April 17, 1980, which denied the appellants’ motion to dismiss the petition. Order reversed, on the law, without costs or disbursements, motion granted, petition dismissed and judgment entered March 25, 1981 vacated. In the instant proceeding the petitioner seeks, as a trust beneficiary, an order pursuant to subdivision 5 of section 76 of the Lien Law directing each of the appellants, as alleged Lien Law trustees, to permit the…