¶1Order unanimously reversed upon the law, with ten dollars costs to the defendant, and motion granted with ten dollars costs.
¶2Plaintiffs 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.)
¶3No opinion.
¶4Present — MacCrate, McCooey & Steinbrink, JJ.