Woodside National Bank v. L. M. Building Corp.

Majority

p. 1047

The Woodside National Bank of New York, Plaintiff, v. L. M. Building Corporation and Others, Defendants. Joseph Deglomini, Gino Zonghetti and Raymond Algozino, Appellants, Respondents; Herman Fensterer and John W. Meehan, as Trustees, Respondents; Peter Annicelli, Respondent, Appellant.

—Orders unanimously reversed, with twenty dollars costs and disbursements to the appellants Deglomini, Zonghetti and Algozino against the respondents Fensterer and Meehan, as trustees, and distribution of the surplus fund directed on a pro rata basis solely to the three lienors who filed their mechanic’s liens prior to November 16, 1937. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.