Legal Opinion
American Spray-On Corp. v. Austin Helle Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 2005PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered July 22, 2004, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.
In this action, which the parties agree is governed by the substantive law of New Jersey, the motion court properly held that plaintiff had stated a cognizable claim to recover in quantum meruit from defendant contractor for construction work performed pursuant to a sub-subcontract between it and a *327now defunct subcontractor. Ordinarily a sub-subcontractor, such as plaintiff,…
2Cases cited3 opinions
- Callano v. Oakwood Park Homes Corp.New Jersey Superior Court Appellate Division · 1966
- F. Bender, Inc. v. Jos. L. Muscarelle, Inc.New Jersey Superior Court Appellate Division · 1997
- Onorato Construction, Inc. v. Eastman Construction Co.New Jersey Superior Court Appellate Division · 1998
3Cited by1 opinion
- American Spray-On Corp. v. Austin Helle Co.Appellate Division of the Supreme Court of the State of New York · 2005