IMP Plumbing & Heating Corp. v. 317 East 34th Street, LLC

Plaintiff plumbing subcontractor failed to establish its entitlement to judgment as a matter of law. Plaintiffs rights under *594the Lien Law are wholly derivative of the general contractor’s right to payment, as a subcontractor’s lien can only be satisfied out of funds “due and owing from the owner to the general contractor” (Timothy Coffey Nursery/Landscape v Gatz, 304 AD2d 652, 654 [2003] [internal quotation marks and citations omitted]). Plaintiff bore the initial burden of showing that funds were, in fact, due and owing to the general contractor (see Penava Mech. Corp. v Afgo Mech. Servs.,…