Chicorelli v. Hempstead Paving Co.

Appellate Division of the Supreme Court of New York

Chicorelli v. Hempstead Paving Co.

242 A.D. 890

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1934·Published

Opinion

Judgment unanimously affirmed, with costs. Appeal from judgment entered on report of official referee. The judgment awarded retained percentages, on a contract with the State for a public improvement, to the assignee of the contractor, a bank, which advanced moneys used in the prosecution of the work. The assignment purported to transfer “ all moneys due and to become due * * * on monthly and final estimates, for labor and material performed and furnished in connection with the said contract.” This is held to include retained percentages. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Judgment unanimously affirmed, with costs. Appeal from judgment entered on report of official referee. The judgment awarded retained percentages, on a contract with the State for a public improvement, to the assignee of the contractor, a bank, which advanced moneys used in the prosecution of the work. The assignment purported to transfer “ all moneys due and to become due * * * on monthly and final estimates, for labor and material performed and furnished in connection with the said contract.” This is held to include retained percentages. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Chicorelli v. Hempstead Paving Co., 242 A.D. 890 (N.Y. Ct. App. 1934).

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