Caristo Construction Corp. v. Diners Financial Corp.

The action herein seeks to charge defendant with moneys which were trust funds as defined by the Lien Law, alleged to have been diverted to defendant with knowledge of their trust character.

Plaintiff moves pursuant to CPLR 3211, 3212 to strike out defendant’s two affirmative defenses and for summary judgment and an assessment of counsel fees. Prom the pleadings, affidavits and exhibits submitted on the motion, the following facts appear:

On September 16, 1959 plaintiff as general contractor entered into a contract for construction on and alterations of premises of the Victory Memorial…