Legal Opinion
MCC Development Corp. v. Perla
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2011PublishedCited by 5 opinions
1Opinion of the Court
Orders, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered May 12, 2009 and June 15, 2009, which granted defendants’ motion to dismiss the complaint and to discharge a mechanic’s lien and cancel a notice of pendency, unanimously affirmed, with costs.
Pursuant to paragraph 4.4 of the contract, “[c]laims . . . shall be referred initially to the Architect for decision” and the “initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner.” Pursuant to paragraph 4.5.1, “[a]ny…
2Cases cited4 opinions
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
- Denihan v. DenihanNew York Court of Appeals · 1974
3Cited by5 opinions
- Archstone Development LLC v. Renval Construction LLCAppellate Division of the Supreme Court of the State of New York · 2017
- E.W. Howell Co. v. City University Construction FundAppellate Division of the Supreme Court of the State of New York · 2017
- Centennial El. Indus., Inc. v. JRM Constr. Mgt., LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Greer v. FAM Networks, LLCAppellate Division of the Supreme Court of the State of New York · 2026
- Nicholas Indus. & Constr. Servs., Inc. v. NASDI, LLCAppellate Division of the Supreme Court of the State of New York · 2026