M. Gold & Son, Inc. v. National Commercial Bank & Trust Co.

Appeal from an order of the Supreme Court at Special Term, entered March 4, 1977 in Albany County, which confirmed plaintiff’s action as a class action and denied defendant bank’s motion for summary judgment. Plaintiff commenced this action to impress and enforce a trust pursuant to article 3-A of the Lien Law on November 5, 1976 after its action seeking the same relief in the United States District Court had been dismissed on May 12, 1976 for lack of subject matter jurisdiction. Within 60 days of commencing this action, plaintiff moved pursuant to CPLR 902 to confirm the action as a class…