Maple Drake Austell Owner, LLC v. D.F. Pray, Inc.
District Court, S.D. Illinois
1Opinion of the Court
JED S. RAKOFF, U.S.D.J.
Petitioner Maple Drake Austell Owner, LLC ("Maple Drake") seeks a preliminary injunction staying an arbitration commenced by respondent D.F. Pray, Inc. ("Pray"). For the reasons that follow, the petition is denied.
Maple Drake is the owner of property that is undergoing construction in Queens. Pray is the general contractor for the project. The construction contract is governed by New York's Prompt Payment Act ("PPA"), which, among other things, mandates a particular procedure for the submission and payment of contractor invoices. Specifically, upon receiving an invoice,…
2Cases cited6 opinions
- N. Am. Soccer League, LLC v. U.S. Soccer Fed'n, Inc.Court of Appeals for the Second Circuit · 2018
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Doctor's Associates, Inc. v. Erik J. HamiltonCourt of Appeals for the Second Circuit · 1998
- Pike Co. v. Tri-Krete Ltd.District Court, W.D. New York · 2018
- In Re the Arbitration Between Capital Siding & Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2016
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