Ciavarella v. People

Appeal is taken by two of the defendants from so much of an order of the Supreme Court at Special Term as denied their motion to dismiss for insufficiency the complaint in a representative action to enforce a trust under article 3-A of the Lien Law.

The appellants, as general contractors for a public improvement, contracted for the performance of part of the work by defendant Smith Construction Company, which then contracted with defendant Yarrone and Di Napoli, Inc., which, in turn, entered into a contract with plaintiff who, pursuant thereto, furnished work, labor and services in and for the…