Legal Opinion

NY Professional Drywall of OC, Inc. v. Rivergate Development, LLC

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Stein, J.

Plaintiff entered into a subcontract with defendant Rivergate Development, LLC to complete certain construction work on a large senior housing project on property owned by defendant Birches at Esopus Senior Housing. After the project began, disagreements arose between plaintiff and Rivergate. Ultimately, plaintiff filed a mechanic’s lien on the property for nonpayment of material and labor in the amount of $137,531.39. Rivergate deposited $142,787.75 with the County Clerk of Ulster County to discharge the lien. Plaintiff then commenced this action alleging causes…

2Cases cited13 opinions

Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
Aquilino v. United StatesNew York Court of Appeals · 1961
Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A.New York Court of Appeals · 2004
Bergstrom v. McChesneyAppellate Division of the Supreme Court of the State of New York · 2012
RLI Insurance v. New York State Department of LaborNew York Court of Appeals · 2002

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