Teman v. Kahn , 39 N.Y.S.2d 472 ( 1943 )

Per Curiam.

Order unanimously reversed upon the law, with ten dollars costs to the defendant, and motion granted with ten dollars costs.

Plaintiffs may not resort to sections 36-a and 36-b of the Lien Law as a source of their right to maintain an action in conversion based on the claim that funds received by the contractor on account of a private improvement are trust funds. (Raymond Concrete Pile Co. v. Federation Bank, 288 N. Y. 452.)

No opinion.

Present — MacCrate, McCooey & Steinbrink, JJ.