C. H. Sanders Construction Co. v. Bankers Trust Co.

Order of the Supreme Court, New York County (David H. Edwards, Jr., J.), entered September 13, 1985, which denied plaintiff’s motion for summary judgment and awarded summary judgment to defendant pursuant to CPLR 3212 (b), unanimously modified, on the law, with costs, the award of summary judgment in defendant’s favor is vacated, and, as modified, affirmed.

Plaintiff, a general contractor, subcontracted with Tech Heating & Mechanical, Inc. (Tech) to do the plumbing on one of its construction projects. Progress payments made by plaintiff to Tech were to be used, at least in part, to pay for…