Legal Opinion
Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A.
New York Court of Appeals
Decided February 12, 2004PublishedCited by 34 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In 1989, Berry Street Corporation entered into a turnkey contract of sale with the New York City Housing Authority (NYCHA) whereby Berry Street would acquire title to three parcels of land in Brooklyn, construct residential buildings on the parcels and convey title to the improved property to NYCHA. The contract specified periodic payments from NYCHA to Berry Street and its general contractor as the improvements were completed.
Norstar Bank made a construction loan to Berry Street in 1992 as evidenced by a building and project loan agreement, building loan…
2Cases cited4 opinions
- West-Fair Electric Contractors v. Aetna Casualty & Surety Co.New York Court of Appeals · 1995
- Caristo Construction Corp. v. Diners Financial Corp.New York Court of Appeals · 1968
- Canron Corp. v. City of New YorkNew York Court of Appeals · 1996
- City of New York v. Cross Bay Contracting Corp.New York Court of Appeals · 1999
3Cited by34 opinions
- Interworks Systems Inc. v. Merchant Financial Corp.Court of Appeals for the Second Circuit · 2010
- Ippolito v. TJC Development, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
- Cavalry Construction, Inc. v. WDF, Inc. (In re Cavalry Construction, Inc.)District Court, S.D. New York · 2013
- LeChase Data/Telecom Services v. GoebertNew York Court of Appeals · 2006
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