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ALLIED CHEM. & DYE CORP. v. VENEZIA

279 A.D. 1114 (1952)

Allied Chemical & Dye Corporation (the Barrett Division), on Behalf of Itself and All Other Persons Entitled to a Share in the Fund Received or Property Received by Thomas Venezia, Individually and Doing Business as Venezia Construction Company, and/or Lucy M. Venezia, as Administratrix of The Estate of Thomas Venezia, Deceased, from the State of New York, in Connection with the Construction of a Certain Public Improvement Pursuant to a Contract with the State of New York, Respondent, v. Lucy M. Venezia, as Administratrix of The Estate of Thomas Venezia, Deceased, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 7, 1952.

The judgment is in a representative action under article 3-A of the Lien Law for the enforcement of a trust as established by the provisions of section 25-a of that statute, the fund being moneys due and unpaid to a contractor upon his contract with the State for a public improvement. (Lien Law, § 25-a, as amd. by L. 1942, ch. 808, § 3.) The contractor, an individual, died intestate shortly before the completion of his contract. The four appellants, each of whom...

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