Majority
p. 730Nassau Concrete Products Corp., Joseph Jacobs and Arthur Jacobs, Doing Business under the Firm Name of Joseph Jacobs and Son, Philip Pasternak and Harry Wolsky, Doing Business under the Firm Name of Pasternak and Wolsky, John Ward and Ferdinand Prinz, Doing Business under the Firm Name of Ward & Prinz, Ludwig Mack and Henry Hinck, Doing Business under the Firm Name of Mack & Hinck, C. Milton Foreman and Others, Doing Business as Mill Trim Company, Charles Schildknecht, Doing Business as Joseph Schildknecht & Sons, Respondents, v. Freeport Acres, Inc., and Others, Defendants, and Monroe Miller & Co., Inc., and Monroe Miller, Appellants.
Action- brought under the provisions of the Lien Law to impress a trust upon moneys received by a builder. Order in so far as it denies motion of appellants to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action, affirmed, with ten dollars costs and disbursements, with leave to appellants to answer within ten days from the entry of the order hereon. No opinion. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.