Hugh O'Kane Electric Co., LLC v. MasTec North America, Inc.

*162Order, Supreme Court, New York County (Charles E. Ramos, J.), entered May 12, 2004, which, in an action by a subcontractor against a general contractor to recover for work performed under a subcontract, insofar as appealed from, denied the general contractor’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The general contractor seeks dismissal on the basis of a provision in the subcontract making its obligation to pay the subcontractor “expressly contingent upon and subject to” its own receipt of payment from the owner for the subcontractor’s work—a…