Chicorelli v. Hempstead Paving Co.
This text of 242 A.D. 890 (Chicorelli v. Hempstead Paving Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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242 A.D. 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicorelli-v-hempstead-paving-co-nyappdiv-1934.