Legal Opinion
Environmental Concern, Inc. v. Larchwood Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1984PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J. P.
In this action to recover damages for breach of contract and for violation of the trust fund provisions of sections 70 and 71 of the Lien Law, the plaintiff appeals from an order of the Supreme Court, Suffolk County, which denied its motion for summary judgment on the issue of liability. We conclude that the doctrine of estoppel against inconsistent positions mandates a reversal.
*592Defendant Larchwood Construction Corp. (Larchwood) entered into an agreement with a joint venture, which was engaged in the construction of the Southwest Sewer District project in…
2Cases cited4 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Houghton v. ThomasAppellate Division of the Supreme Court of the State of New York · 1927
- Houghton v. ThomasNew York Court of Appeals · 1928
- Ferrandino v. CartelliAppellate Division of the Supreme Court of the State of New York · 1960
3Cited by70 opinions
- Kubin v. MillerDistrict Court, S.D. New York · 1992
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- Atlanta Shipping Corp., Inc. v. Chemical BankDistrict Court, S.D. New York · 1986
- Ford Motor Credit Co. v. Colonial Funding Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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