Legal Opinion
LeChase Data/Telecom Services v. Goebert
New York Court of Appeals
Decided February 21, 2006PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are asked to decide what kind of “notice” disqualifies a factor from exemption from Lien Law liability as a “purchaser in good faith for value and without notice” (Lien Law § 72 [1]). We conclude that actual knowledge of diversion of trust assets is not required, and that UCC 1-201 (25) supplies the proper standard of notice. We further conclude that defendants have not raised any triable issue of fact under this standard so as to preclude summary judgment for plaintiff.
I
Plaintiff LeChase Data/Telecom Services, LLC is a specialty contractor that furnishes and…
2Cases cited8 opinions
- Hartford Accident & Indemnity Co. v. American Express Co.New York Court of Appeals · 1989
- Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A.New York Court of Appeals · 2004
- RLI Insurance v. New York State Department of LaborNew York Court of Appeals · 2002
- I-T-E Imperial Corp. v. Bankers Trust Co.New York Court of Appeals · 1980
- Bank of Babylon v. Zaffuto Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by14 opinions
- Interworks Systems Inc. v. Merchant Financial Corp.Court of Appeals for the Second Circuit · 2010
- Local No. 4, International Ass'n of Heat & Frost & Asbestos Workers v. Buffalo Wholesale Supply Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Kemper Insurance Companies v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- EAST2WEST CONSTRUCTION COMPANY, LLC v. THE FIRST REPUBLIC CORPORATION OF AAppellate Division of the Supreme Court of the State of New York · 2014
9 more not listed; retrieve them via the Exa API.