Opinion
December 27, 1993
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed, with costs.
Pursuant to Lien Law § 70 (5), an owner of real property becomes a trustee of funds for the benefit, inter alia, of laborers and material suppliers, only as to funds specifically designated (see, Kingston Trust Co. v Catskill Land Corp., 43 A.D.2d 995). In the instant case, the $1,100,000 that the appellant contends was a trust asset was actually a capital contribution of the owner. Therefore, these funds were not trust assets (see, Bristol, Litynski, Wojcik v Elliott, 107 Misc.2d 1005; G B Lab. Installation v Beekman Downtown Hosp., 66 Misc.2d 441; 237 Constr. Corp. v St. Stanislaus R.C. Church, 30 Misc.2d 567).
The appellant's contentions that Tesi Associates, Inc., as contractor, is obligated to provide a verified statement of accounts pursuant to Lien Law § 70 (6) was not raised before the Supreme Court and thus is not properly before this Court for appellate review (see, Kohilakis v Town of Smithtown, 167 A.D.2d 513). In any event, we note that no demand for a verified statement of accounts was ever served upon Tesi Associates, Inc., and that that entity is not even a party to the instant action. Bracken, J.P., Sullivan, Rosenblatt and Miller, JJ., concur.