Truax & Hovey, Ltd. v. Greiner Construction Corp.

Appellate Division of the Supreme Court of New York

Truax & Hovey, Ltd. v. Greiner Construction Corp.

101 A.D.2d 707, 476 N.Y.S.2d 44, 1984 N.Y. App. Div. LEXIS 18273

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

DecidedApril 12, 1984

StatusPublished

This text of 101 A.D.2d 707 (Truax & Hovey, Ltd. v. Greiner 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

Truax & Hovey, Ltd. v. Greiner Construction Corp., 101 A.D.2d 707, 476 N.Y.S.2d 44, 1984 N.Y. App. Div. LEXIS 18273 (N.Y. Ct. App. 1984).

Pincite

Opinion

Judgment unanimously reversed, with costs, and complaint dismissed as against defendant David Greiner. Memorandum: Plaintiff, a subcontractor, has recovered a judgment against the individual defendant for materials supplied and work performed on two construction jobs under a contract with Greiner Construction Corp. Although defendant admits in his answer that he was an officer of Greiner Construction Corp. and had control of its financial dealings, the record contains no evidence that the individual defendant assumed any contractual responsibility to plaintiff in connection with the subcontracts or that he received or held any moneys pertaining to the contracts as a trustee under article 3-A of the Lien Law or under a common-law trust. (Appeal from judgment of Supreme Court, Onondaga County, McKennan, J. — mechanic’s lien.) Present — Hancock, Jr., J. P., Callahan, Denman, O’Donnell and Moule, JJ.

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Judgment unanimously reversed, with costs, and complaint dismissed as against defendant David Greiner. Memorandum: Plaintiff, a subcontractor, has recovered a judgment against the individual defendant for materials supplied and work performed on two construction jobs under a contract with Greiner Construction Corp. Although defendant admits in his answer that he was an officer of Greiner Construction Corp. and had control of its financial dealings, the record contains no evidence that the individual defendant assumed any contractual responsibility to plaintiff in connection with the subcontracts or that he received or held any moneys pertaining to the contracts as a trustee under article 3-A of the Lien Law or under a common-law trust. (Appeal from judgment of Supreme Court, Onondaga County, McKennan, J. — mechanic’s lien.) Present — Hancock, Jr., J. P., Callahan, Denman, O’Donnell and Moule, JJ.

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Bluebook (online)

101 A.D.2d 707, 476 N.Y.S.2d 44, 1984 N.Y. App. Div. LEXIS 18273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truax-hovey-ltd-v-greiner-construction-corp-nyappdiv-1984.