assets from the PACA trust of which plaintiff is a beneficiary. It is well settled that, “[a]s beneficiaries of a PACA trust, growers and sellers of perishable agricultural commodities ... retain the ‘right to recover against [PACA trustees] superior to all creditors, including secured creditors.’ ” D.M. Rothman & Co., Inc. v. Korea Commercial Bank of New York, 411 F.3d 90, 94 (2d Cir.2005), quoting Endico Potatoes, Inc. v. CIT Group/Factoring, Inc., 67 F.3d 1063, 1067 (2d Cir.1995). Further, where a PACA trustee has improperly caused PACA trust funds to be diverted for the purpose of improving or paying for real property, PACA beneficiaries may seek to recover through a lien on the property. See e.g., Mid-Valley Produce Corp. v. 4-XXX Produce Corp., 833 F.Supp. 193, 196 (E.D.N.Y.1993) (<HOLDING>). As such, plaintiffs rights as a PACA trust
holding that a constructive trust had arisen on a third partys house due to her use of trust assets which had been diverted by the paca trustee to pay the mortgage and finding that the trust beneficiary plaintiffs are entitled to a lien on the property in the amount of the diverted funds holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust holding that creditors of a trust beneficiary were prohibited from intervening in an action involving a dispute between the trustee and a beneficiary concerning distribution of the trust corpus holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust