We reject plaintiffs argument that he is entitled to return of the money paid to defendant simply because the money, paid over time with checks, admittedly was never deposited into an escrow account in a bank, as required by Lien Law § 71-a (4), but instead was immediately cashed. The primary purpose of Lien Law article 3-A is to ensure that those who have expended labor and materials to improve real property at the direction of an owner or a general contractor receive payment for the work actually performed ( Aspro Mech. Contr. v Fleet Bank, 1 NY3d 324, 328). Thus, the issue, in deciding whether there has been a diversion of trust funds, is not whether the funds have been deposited in a bank, but whether the funds have actually been used to pay subcontractors, suppliers and laborers ( cf. 1 NY3d at 329).