
    William Teman et al., Doing Business under the Name of Teman Bros., Respondents, v. Henry Kahn, Appellant.
    Supreme Court, Appellate Term, Second Department,
    January 12, 1943.
    
      
      I. William Reisman for appellant.
    
      Nathan Newman for respondents.
   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.  