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Appellate Terms of the Supreme Court of New York, 1943

Teman v. Kahn

Teman v. Kahn
Appellate Terms of the Supreme Court of New York · Decided January 12, 1943
179 Misc. 546; 39 N.Y.S.2d 472; 1943 N.Y. Misc. LEXIS 1539

Counsel

I. William Reisman for appellant., Nathan Newman for respondents.

Teman v. Kahn

Opinion of the Court

Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs to the defendant, and motion granted with ten dollars costs.

Plaintiffs may not resort to sections 36-a and 36-b of the Lien Law as a source of their right to maintain an action in conversion based on the claim that funds received by the contractor on account of a private improvement are trust funds. (Raymond Concrete Pile Co. v. Federation Bank, 288 N. Y. 452.)

No opinion.

Present — MacCrate, McCooey & Steinbrink, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.