JOHN R. PHILIP, INC. v. LANGELLA


285 A.D. 1038 (1955)

In the Matter of John R. Philip, Inc., Judgment-Creditor-Respondent-Appellant, v. Albert Langella, Judgment Debtor. Lawrence H. King, Third-Party Appellant-Respondent

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

April 26, 1955.


Per Curiam.

The trust fund remedy prescribed by section 36-a of the Lien Law is not exclusive (Lien Law, § 76) and does not prevent a creditor from pursuing his ordinary remedies. Moreover, in this instance, the money was not effectively transferred beyond the control of the debtor. The judgment creditors' rights in the fund in the receiver's hands should, as a matter of discretion, be determined in such further proceedings herein as they may be advised...

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