§Why CasetextPricing

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

Brief

15 Cited authorities

  1. R/S Associates v. New York Job Development Authority

    98 N.Y.2d 29 (N.Y. 2002)   Cited 323 times
    Holding that unless the court finds ambiguity, evidence outside the four corners of the contract is generally inadmissible

  2. 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

  3. 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.’ ”

  4. 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

  5. Hanil Bank v. Pt. Bank Negara Indonesia

    148 F.3d 127 (2d Cir. 1998)   Cited 66 times
    Finding jurisdiction where funds were to be paid to a New York bank account

  6. 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

  7. Collard v. Incorporated Village of Flower Hill

    52 N.Y.2d 594 (N.Y. 1981)   Cited 91 times   1 Legal Analyses
    Holding that conditions placed in a conditional rezoning ordinance must be in the public's best interest

  8. County of Suffolk v. Alcorn

    266 F.3d 131 (2d Cir. 2001)   Cited 32 times
    Applying New York law

  9. Aquilino v. United States of America

    10 N.Y.2d 271 (N.Y. 1961)   Cited 110 times
    In Acquilino v. United States, 10 N.Y.2d 271, 219 N.Y.S.2d 254, 176 N.E.2d 826 (1961), on remand from the Supreme Court, the New York Court held that the taxpayer did not have a sufficient beneficial interest in contract payments except insofar as the claimants, beneficiaries of a statutory trust fund under the predecessor of New York Lien Law § 70, were first satisfied. Thus, any residue would be subject to the tax lien.

  10. Signature Realty, Inc. v. Tallman

    2 N.Y.3d 810 (N.Y. 2004)   Cited 24 times
    In Signature Realty, Inc. v. Tallman (2 NY3d 810), the Court of Appeals held that nothing in the parties' agreement limited the commission to the initial lease period.