New York Trap Rock Corp. v. National Bank of Far Rockaway

Full title: NEW YORK TRAP ROCK CORPORATION et al., Appellants, v. NATIONAL BANK OF FAR…

Court: Court of Appeals of the State of New York

Date published: May 22, 1941

35 N.E.2d 498 (N.Y. 1941)

35 N.E.2d 498

Opinion

Argued April 7, 1941

Decided May 22, 1941

Appeal from the Supreme Court, Appellate Division, Second Department, STEINBRINK, J.

Daniel Combs for appellants.

Carl E. Peterson for respondent.

F.W.H. Adams and John C. Morrissey for New York State Bankers Association, amicus curiae.

Per Curiam.

We agree that regardless of the construction of the scope and the effect of section 25-a of the Lien Law. no action at law can be brought by a single creditor. The determination of the construction and effect of section 25-a must await a case in which such question is necessarily presented.

Judgment affirmed, with costs.

Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: LEHMAN, Ch. J.