Highland Mechanical Industries, Inc. v. Herbert Construction Co.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 6,1994, to the extent that it denied the motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (5), unanimously affirmed, with costs.

Article XX of the contract between defendant contractor and plaintiff subcontractor provides, in part, that "[i]n no event shall Subcontractor be entitled to receive any form of payment *162prior to the Contractor’s actual receipt of that payment. Subcontractor waives all right of action until said monies are received by the Contractor.” Since any ambiguity in a contract must be…