North Moore Street Developers, LLC v. Meltzer/Mandl Architects, P.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
Contrary to Supreme Court’s reasoning in dismissing the third and fourth causes of action, the liquidating agreement that plaintiff relies upon in asserting these claims, in accordance with the well-settled standard for such agreements, does not prohibit plaintiff, as owner, from asserting its own claims in addition to the nonparty general contractor’s pass-through claims against its architect, defendant herein. Nor does this well-settled standard prohibit plaintiff from assuming liability to the general contractor in the liquidating agreement, regardless of…
2Cases cited9 opinions
- Interstate Contracting Corp. v. City of DallasTexas Supreme Court · 2004
- Morse/diesel, Inc. v. Trinity Industries, Inc. Mosher Steel Company, and Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1995
- Lambert Houses Redevelopment Co. v. HRH Equity Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Ardsley Construction Co. v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1978
- Barry, Bette & Led Duke, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by7 opinions
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- RLI Insurance v. King Sha GroupDistrict Court, S.D. New York · 2009
- KSW Mechanical Services v. Johnson Controls, Inc.District Court, E.D. New York · 2014
- A. Servidone, Inc./B. Anthony Constr. Corp., J v. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
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