Legal Opinion
Broadway Houston Mack Development LLC v. Ted Kohl
New York Supreme Court
Decided December 22, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Emily Pines, J.
This case presents a classic collision between law and equity. It is ancient hornbook law that where the underlying issue to be determined is governed exclusively by legal principles, the court lacks the authority to utilize equity to provide a “better” remedy. (Donovan v Finn, 1 Hpk ch 59 [1823].) Having paid a general contractor in full covering the fees of all that entity’s trust beneficiaries — the subcontractors — on a construction project, an owner then pays several of the subcontractors upon their threat of filing mechanic’s liens. The general…
2Cases cited12 opinions
- Perma Pave Contracting Corp. v. Paerdegat Boat & Racquet Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A.New York Court of Appeals · 2004
- Canron Corp. v. City of New YorkNew York Court of Appeals · 1996
- Cohn v. Rothman-Goodman Management Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- J. Petrocelli Construction, Inc. v. Realm Electrical Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- Broadway Houston Mack Development, LLC v. KohlAppellate Division of the Supreme Court of the State of New York · 2010
- Shafferman v. Queens Borough Public Library (In re JMK Construction Group, Ltd.)United States Bankruptcy Court, S.D. New York · 2013