Legal Opinion
Valsen Construction Corp. v. Long Island Racquet & Health Club, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1996PublishedCited by 6 opinions
1Opinion of the Court
*669Contrary to the plaintiffs contention, the Supreme Court properly dismissed its claims that the insurance proceeds were the subject of a trust. Lien Law § 4-a, in combination with Lien Law § 70 (5) (f), provides that the proceeds of an insurance policy shall become trust assets where there is "destruction or removal by fire or other casualty of an improvement on which lienors have performed labor or services”. The plaintiff, in the instant case, does not fall within the class of contractors that the statute seeks to protect. Notably, the plaintiff was not a lienor at the time that the…
2Cases cited5 opinions
- P. Delany & Co. v. DuvouNew York Court of Appeals · 1938
- Harner v. SchecterAppellate Division of the Supreme Court of the State of New York · 1984
- Sager v. Renwick Park & Traffic Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Tri-North Builders, Inc. v. Di DonnaAppellate Division of the Supreme Court of the State of New York · 1995
- Beaudet v. SalehAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- GCDM Ironworks, Inc. v. GJF Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Vardon, Inc. v. Suga Development, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Zimmerman v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2002
- Decker v. CapelliniAppellate Division of the Supreme Court of the State of New York · 2003
- Modern Era Construction, Inc. v. Shore Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2008
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