Tri-State Sol-Aire Corp. v. DDC Contracting Co.

Full title: TRI-STATE SOL-AIRE CORP., Appellant, v. DDC CONTRACTING Co., INC., et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1998

251 A.D.2d 651 (N.Y. App. Div. 1998)

676 N.Y.S.2d 480

Opinion

June 29, 1998

Appeal from the Supreme Court, Nassau County (Dunne, J.).

Ordered that the orders are affirmed, with one bill of costs.

Contrary to the appellant's contention, the $1,100,000 held in escrow by the attorneys of Delco Development Co. of Hicksville was not a "trust asset" as defined by Lien Law § 70 (5). Accordingly, the Supreme Court properly denied the relief the appellant requested in Action No. 1 and Action No. 2 ( see, Pellic Dev. Corp. v. Whitestone Equities Farmingdale Corp., 199 A.D.2d 483, 484).

Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.