New York, NY
Construction and development Lawyer at New York, NY
Practice Areas: Construction & Development, Commercial ... +2 more
OUTCOME: Appellate Division ruled in Plaintiff's favor
The trial court's judgment was reversed, on the law. The motion for summary judgment was denied, a motion for leave to reargue was denied, the subcontractor's complaint was reinstated. The trial court' ... s orders were modified accordingly, and the matter was remitted to the trial court for further proceedings in accordance with the appellate division's determination.
OUTCOME: Appellate Division ruled in client's favor
In an action, inter alia, to recover damages for breach of contract, Jupiter Environmental Services, Inc., appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), dated October 15, ... 2007, which granted the plaintiff's motion pursuant to CPLR 5225(a) and (b) to authorize the plaintiff to transfer to its general operating account the funds it held in its attorney escrow account on behalf of Jupiter Environmental Services, Inc., in partial payment of two judgments that the plaintiff had obtained against it and, in effect, denied its cross motion to intervene in the action and to compel the plaintiff to turn over the subject funds plus statutory interest to it. ORDERED that the order is reversed, on the law, with costs, the plaintiff's motion pursuant to CPLR 5225(a) and (b) is denied, and the cross motion of Jupiter Environmental Services, Inc., is granted.
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