Archive: December 10, 2010

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Judicial finding that plaintiff’s claims are not time-barred is not binding against a newly joined defendant
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General Contractor’s Trust Fund Payments to Subcontractor Were Not Improper

Judicial finding that plaintiff’s claims are not time-barred is not binding against a newly joined defendant

DeFilippo v. Knolls of Melville Redev. Co., No. 00-21112, 2010 WL 4904665 (Sup. Ct. Suffolk Co. Nov. 30, 2010)

In DeFilippo v. Knolls of Melville Redevelopment Co., a subcontractor employed the plaintiff, who sustained personal injuries while working.  Plaintiff originally brought suit against four defendants but lost at summary judgment.  Plaintiff then sought to amend his complaint to add a new defendant, Arlen Contracting Corp. Arlen argued that plaintiff’s claims against it were time barred by the three-year statute of limitations.  Plaintiff alleged that the claims should go forward because the lower court properly held that his claims were exempted from the statute of limitations.  The court disagreed and found that because Arlen did not have an opportunity to oppose plaintiff’s argument, as it was not a party to the lower court’s decision, Arlen would be given a chance to litigate the issue.

General Contractor’s Trust Fund Payments to Subcontractor Were Not Improper

Metro Found. Contractors, Inc. v. Marco Martelli Assocs., Inc., 78 A.D.3d 594, 912 N.Y.S.2d 187 (N.Y. App. Div. 2010)

In Metro Foundation Contractors, the Appellate Division, First Department, denied the plaintiff subcontractor’s motion for summary judgment, finding that fact issues remained as to whether the plaintiff defaulted under the subcontract and as to whether defendant general contractor’s payments to the plaintiff and to vendors were proper.  The court did hold that the defendant did not violate New York’s lien law in paying trust funds to the plaintiff and vendors, who were the proper beneficiaries.

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