Legal Opinion

Caledonia Lumber & Coal Co. v. Chili Heights Apartments

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

Decided May 22, 1979PublishedCited by 9 opinions

1Opinion of the Court

— Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Defendant Sibley Corporation appeals from an order of Special Term, Monroe County, denying its motion to dismiss the complaint which demands return of funds allegedly retained in violation of article 3-A of the Lien Law. The plaintiff seeks to impose a trust on that portion of the building loan originally withheld as a loan fee which it alleges is not a fair and reasonable charge. Special Term ruled that the issue of reasonableness creates a question of fact and dismissed the motion without…

2Cases cited7 opinions

  1. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  2. Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1908
  3. ALB Contracting Co. v. York-Jersey Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Koppers Co., Inc. v. Empire Bituminous Prods., Inc.New York Court of Appeals · 1972
  5. Onondaga Commercial Dry Wall Corp. v. Sylvan Glen Co.Appellate Division of the Supreme Court of the State of New York · 1966

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Truax & Hovey, Ltd. v. Grosso (In Re Grosso)United States Bankruptcy Court, N.D. New York · 1981
  2. Peckham Road Corp. v. Town of Putnam ValleyAppellate Division of the Supreme Court of the State of New York · 1995
  3. DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  4. Pellic Development Corp. v. Whitestone Equities Farmingdale Corp.New York Supreme Court · 1991
  5. Aspro Mechanical Contracting, Inc. v. New York City Housing AuthorityNew York Supreme Court · 1997

4 more not listed; retrieve them via the Exa API.

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