Legal Opinion
Engineered Air v. LeCesse Bros. Contracting, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1993PublishedCited by 2 opinions
1Opinion of the Court
—Order reversed on the law with costs and motion granted. Memorandum: Plaintiff, a supplier of materials to subcontractor G.A. Dyce, Inc. (Dyce), instituted a class action pursuant to article 3-A of the Lien Law on behalf of itself and all others entitled to share funds owed to Dyce by the contractor. Dyce had filed a petition in Bankruptcy Court. Defendants LeCesse Brothers Contracting, Inc. (LeCesse) and LeCesse Corporation asserted as a second affirmative defense that LeCesse, the contractor, had a right, pursuant to its contract with Dyce, to offset against the funds owing to Dyce the…
2Cases cited3 opinions
- Frontier Excavating, Inc. v. Sovereign Construction Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Frontier Excavating, Inc. v. Sovereign Constr. Co., Ltd. of New JerseyNew York Court of Appeals · 1969
- Chase Lincoln First Bank v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- Quantum Corporate Funding Ltd. v. L.P.G. Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tutor Perini Building Corp. v. SLAYTON VENTURES, LLCDistrict Court, S.D. New York · 2021