Medco Plumbing, Inc. v. 2021 Associates, L.P.

Appellate Division of the Supreme Court of New York

Medco Plumbing, Inc. v. 2021 Associates, L.P.

251 A.D.2d 9, 673 N.Y.S.2d 652, 1998 N.Y. App. Div. LEXIS 6379

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1998

StatusPublished

This text of 251 A.D.2d 9 (Medco Plumbing, Inc. v. 2021 Associates, L.P.) 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.

Bluebook

Medco Plumbing, Inc. v. 2021 Associates, L.P., 251 A.D.2d 9, 673 N.Y.S.2d 652, 1998 N.Y. App. Div. LEXIS 6379 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 30, 1997, after a nonjury trial, in favor of defendants 2021 Associates, L.P. and 510 Manhattan Affordable, L.P. and against plaintiff, dismissing the complaint and directing the County Clerk to discharge plaintiffs mechanic’s liens and notice of pendency, unanimously affirmed, with costs.

Pursuant to its subcontract, plaintiff was required to submit application for payment forms to the general contractor in order to receive payment for its work on the subject construction project. Since plaintiff only proffered requisitions in the name of an affiliated company, which was not a party to the subcontract, the court correctly found that plaintiff had failed to fulfill the precondition for payment and, accordingly, could not foreclose on its mechanic’s liens on the ground of nonpayment. Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 30, 1997, after a nonjury trial, in favor of defendants 2021 Associates, L.P. and 510 Manhattan Affordable, L.P. and against plaintiff, dismissing the complaint and directing the County Clerk to discharge plaintiffs mechanic’s liens and notice of pendency, unanimously affirmed, with costs.

Pursuant to its subcontract, plaintiff was required to submit application for payment forms to the general contractor in order to receive payment for its work on the subject construction project. Since plaintiff only proffered requisitions in the name of an affiliated company, which was not a party to the subcontract, the court correctly found that plaintiff had failed to fulfill the precondition for payment and, accordingly, could not foreclose on its mechanic’s liens on the ground of nonpayment. Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 9, 673 N.Y.S.2d 652, 1998 N.Y. App. Div. LEXIS 6379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medco-plumbing-inc-v-2021-associates-lp-nyappdiv-1998.