Article 3-A Trustee Required to Produce Original Documents
Bette & Cring, LLC v. Brandle Meadows, LLC 2010 WL 5187706 (Sup Ct, Dec 3, 2010) The contractor sought an order under Art 3-A directing the owner… Read more »
Surety Not Discharged by Owner’s Cross-withholding Payment to Dept of Labor
Mount Vernon City School District v. Nova Casualty Company 2010 WL 4807548 (2d Dep’t, Nov 23, 2010)The School District entered into a contract with DJH Mechanical to… Read more »
Contractor Denied Insurance Coverage Due to Work Product Exclusion
Exeter Building Corp. v. Scottsdale Ins Co. 2010 WL 5141880 (2d Dep’t, Dec 17, 2010) The owner of a condominium project sued Exeter alleging substantial defects in… Read more »
3-A Trust Fund Diversion Not Automatically Nondischargeable in Bankruptcy
In re Barksdale 2010 WL 3895498 (9/29/10 Bkrtcy.N.D.N.Y.) The plaintiff lumber company brought an adversary proceeding in the contractor’s bankruptcy seeking a determination that the debt owed… Read more »
Duty of Liability Insurer to Defend Its Insured Extremely Broad
Westport Ins Co. v. Napoli, Kaiser & Bern 2010 WL 3749242 (SDNY Sep 27, 2010) This case involves a dispute over whether an insurance company had the… Read more »