Radory Construction Corp. v. Arronbee Construction Corp.

Appellate Division of the Supreme Court of New York

Radory Construction Corp. v. Arronbee Construction Corp.

24 A.D.2d 573, 262 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3702

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

DecidedJuly 6, 1965

StatusPublished

Cited by3 cases

This text of 24 A.D.2d 573 (Radory Construction Corp. v. Arronbee Construction Corp.) 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

Radory Construction Corp. v. Arronbee Construction Corp., 24 A.D.2d 573, 262 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3702 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a proceeding by a sub-subcontractor pursuant to statute (Lien Law, § 76, subd. 5), for a further verified statement setting forth the items specified in its notice of demand theretofore served, the owner and the general contractor appeal from: (1) an order of the Supreme Court, Nassau County, entered April 13, 1965, which granted the application; and (2) an order of said court, entered May 10, 1965, which denied their motion for reargument. Order of April 13, 1965, affirmed, with $10 costs and disbursements. The appellants’ time to serve the statement, as required by said order, is extended until 20 days after entry of the order hereon. Appeal from order of May 10, 1965, dismissed, without costs. Petitioner, a sub-subcontractor, is a beneficiary having a trust claim on the proceeds of the building loan agreement, even though petitioner’s work had been completed at the time the building loan agreement was made (Lien Law, § 71). As such beneficiary, petitioner is entitled to a verified statement setting forth the entries with respect to the trust, despite the fact that petitioner’s mechanic’s lien was bonded (Lien Law, § 79). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

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

In a proceeding by a sub-subcontractor pursuant to statute (Lien Law, § 76, subd. 5), for a further verified statement setting forth the items specified in its notice of demand theretofore served, the owner and the general contractor appeal from: (1) an order of the Supreme Court, Nassau County, entered April 13, 1965, which granted the application; and (2) an order of said court, entered May 10, 1965, which denied their motion for reargument. Order of April 13, 1965, affirmed, with $10 costs and disbursements. The appellants’ time to serve the statement, as required by said order, is extended until 20 days after entry of the order hereon. Appeal from order of May 10, 1965, dismissed, without costs. Petitioner, a sub-subcontractor, is a beneficiary having a trust claim on the proceeds of the building loan agreement, even though petitioner’s work had been completed at the time the building loan agreement was made (Lien Law, § 71). As such beneficiary, petitioner is entitled to a verified statement setting forth the entries with respect to the trust, despite the fact that petitioner’s mechanic’s lien was bonded (Lien Law, § 79). Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

24 A.D.2d 573, 262 N.Y.S.2d 389, 1965 N.Y. App. Div. LEXIS 3702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/radory-construction-corp-v-arronbee-construction-corp-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack