§Why CasetextPricing

In the Matter of Mayrich Construction Company, Appellant,v.Oliver LLC,, Respondent.

Brief

15 Cited authorities

  1. West-Fair Electric Contractors v. Aetna Casualty & Surety Co.

    87 N.Y.2d 148 (N.Y. 1995)   Cited 128 times   2 Legal Analyses
    Holding contractual "pay-when-paid provision which forces the subcontractor to assume the risk that the owner will fail to pay the general contractor" void as contrary to public policy reflected in N.Y. Lien Law § 34

  2. Aspro Mechanical Contracting, Inc. v. Fleet Bank

    1 N.Y.3d 324 (N.Y. 2004)   Cited 91 times   1 Legal Analyses
    Filing a notice of lending promotes “the legislative intent to assure ‘public notice of any transaction of the owner, contractor or subcontractor that may lead to depletion of funds available for future trust claims, even where the depletion merely repays advances that were in fact used to pay trust claims accruing at an earlier [d]ate.’ ”

  3. RLI Insurance v. New York State Department of Labor

    97 N.Y.2d 256 (N.Y. 2002)   Cited 80 times
    Holding that surety's right to funds that were still in possession of school district was superior to claim filed by Department of Labor for underpayment of wages by contractor in connection with an unrelated public improvement project

  4. Canron Corp. v. City of New York

    89 N.Y.2d 147 (N.Y. 1996)   Cited 67 times
    Holding that the plaintiff established its entitlement to summary judgment on its claim for trust asset diversion as it was undisputed that plaintiff was due sums upon completion of the repairs, that the amount due was outstanding and that assets were diverted from the trust fund

  5. A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

    15 Misc. 3d 196 (N.Y. Sup. Ct. 2007)   Cited 13 times
    Stating that the "prohibition against quasi-contractual claims in the face of a written contract applies not only to the parties that are in privity of contract, but also to non-contracting parties as well" . . . . and "[t]his is especially true where, as here, a subcontractor has attempted to sue an owner when privity does not exist"

  6. Nanuet Bank v. Eckerson

    47 N.Y.2d 243 (N.Y. 1979)   Cited 33 times
    Abrogating the appellate division's decision in Ulster Sav. Bank v. Total Communities, Inc., 55 A.D.2d 278, 390 N.Y.S.2d 252, 253 (App.Div. 1976)

  7. Matter of East 56th Plaza v. N.Y. City

    56 N.Y.2d 544 (N.Y. 1982)   Cited 23 times

    Argued February 15, 1982 Decided March 25, 1982 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J. Cullen S. McVoy, Ellis S. Franke and William E. Rosen for appellant. David Abrams and Arthur Richenthal for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court, New York County, reinstated. Section 60 of the Code of the Real Estate Industry Stabilization Association of

  8. Weber v. Welch

    246 A.D.2d 782 (N.Y. App. Div. 1998)   Cited 7 times

    January 15, 1998 Appeal from the Supreme Court (Dawson, J.). Defendants David G. Welch and Mary A. Welch (hereinafter collectively referred to as defendants) are the owners of certain real property located in the Town of North Elba, Essex County In 1994, they entered into a contract with George Erwin, a general contractor, to construct a residential dwelling upon the subject property. Erwin, in turn, hired plaintiff in August 1994 to do the necessary electrical work. Thereafter, in October 1994,

  9. In the Matter of Waldman

    10 Misc. 3d 1075 (N.Y. Sup. Ct. 2005)

    December 30, 2005. Tolub, J. Public Housing — Succession Rights — Administrative Determination.

  10. Amsterdam Savings Bank v. Terra Domus Corp.

    97 A.D.2d 41 (N.Y. App. Div. 1983)   Cited 13 times

    November 17, 1983 Appeal from the Supreme Court, Madison County, JOHN R. TENNEY, J. F. Richard Decatur, Jr., P.C. ( Paul R. Engster of counsel), for appellant. McAuliffe McAuliffe, P.C. ( Kevin R. McAuliffe of counsel), for respondent. MAIN, J. Pursuant to a contract between defendant Sisson Construction (Sisson) and defendant Terra Domus Corporation (Terra Domus), Sisson was to build an apartment complex on land owned by Terra Domus in the Village of Morrisville, Madison County. To finance the project