Metropolitan Casualty Insurance v. Barr Wrecking Corp.

Defendant Barr Wrecking Corporation, a general contractor, moves to dismiss the complaint herein for legal insufficiency. The action is a representative one, brought by an insurance creditor on behalf of itself and others similarly situated to enforce a trust with respect to “ moneys heretofore or hereafter received by [said defendant] from the City of New York, or owed by the City to said defendant * * * including right of action for moneys due or to become due ” to said defendant, in connection with a certain public improvement. The action is based upon the provisions of chapter 808 of the…