Legal Opinion
Lightning Capital Holdings LLC v. Erie Painting & Maintenance, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 2017Published
1Opinion of the CourtAarons, J.
Appeal from an order of the Supreme Court (J. Sise, J.), entered September 14, 2015 in Montgomery County, which denied defendants’ motion for summary judgment dismissing the amended complaint.
In 2009, defendant Erie Painting and Maintenance, Inc. contracted with the New York State Thruway Authority to perform rehabilitation work on a dam. In connection with this project, All Seasons Contracting, Inc. purportedly supplied and rented equipment and materials to Erie. In June 2010, All Seasons filed a petition for chapter 11 bankruptcy. During the pendency of the bankruptcy proceeding, plaintiff…
2Cases cited14 opinions
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- DeLarco v. DeWittAppellate Division of the Supreme Court of the State of New York · 1988
- Whelan v. LongoNew York Court of Appeals · 2006
- Cafferty v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1996
- Martinez v. DesaiAppellate Division of the Supreme Court of the State of New York · 2000
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