Legal Opinion

Harry C. Partridge, Jr. & Sons, Inc. v. M & R Construction Corp. (In Re Harry C. Partridge, Jr. & Sons, Inc.)

District Court, S.D. New York

Decided May 7, 1985No. Bankruptcy No. 85 B 20398, 85 Adv. 6022PublishedCited by 15 opinions

1Opinion of the Court

DECISION ON MOTION TO RECOVER CONTRACT RETAINAGE

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor in this case, Harry C. Partridge, Jr. & Sons, Inc., seeks an eight percent solution with respect to the dispute involving the installation of detention cells for New Jersey’s Camden County Correctional Facility. The defendant, M & R Construction Corp. (“M & R”), is general contractor at the job site under a contract with the Camden County Board of Chosen Freeholders (the “Camden Board”), which provides that the Camden Board is entitled to withhold a sum equal to two percent of the amount of…

2Cases cited5 opinions

  1. James v. Federal Insurance Co.Supreme Court of New Jersey · 1950
  2. In the Matter of the Community Medical Center A/K/A All Souls' Hospital, Debtor, the Community Medical Center A/K/A All Souls Hospital, DebtorCourt of Appeals for the Third Circuit · 1980
  3. Kupfersmith v. Delaware InsuranceSupreme Court of New Jersey · 1913
  4. Flynn v. Hartford Fire Insurance CompanyNew Jersey Superior Court Appellate Division · 1977
  5. Weinstein v. SheerSupreme Court of New Jersey · 1923

3Cited by15 opinions

  1. In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
  2. Republic Reader's Service, Inc. v. Magazine Service Bureau, Inc. (In Re Republic Reader's Service, Inc.)United States Bankruptcy Court, S.D. Texas · 1987
  3. Satelco, Inc. v. North American Publishers, Inc. (In Re Satelco, Inc.)United States Bankruptcy Court, N.D. Texas · 1986
  4. Taxel v. Commercebank (In Re World Financial Services Center, Inc.)United States Bankruptcy Court, S.D. California · 1986
  5. Double TRL, Inc. v. F.S. Leasing, Inc. (In Re Double TRL, Inc.)United States Bankruptcy Court, E.D. New York · 1986

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