Faith Simms | Troutman Pepper Entech Engineering, P.C. v. Dewberry Engineers, Inc., 204 A.D.3d 467, 167 N.Y.S.3d 55 (1st Dep’t 2022) The New York Supreme Court Appellate Division recently affirmed a ruling enforcing a pay-if-paid provision. Defendant Dewberry Engineers, Inc. (Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program… Continue reading NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights
Tag: New York
New York Considering Legislation That Would Create Statute of Repose For Construction
Richard W. Brown and Anna M. Perry | Saxe Doernberger & Vita New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of a construction project that legal action may be asserted against a contractor. New York currently remains the only state without a… Continue reading New York Considering Legislation That Would Create Statute of Repose For Construction
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Paul A. Briganti | Complex Insurance Coverage Reporter On October 9, 2020, the New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp. v.… Continue reading New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
Stanley A. Martin | Commonsense Construction Law The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor and homeowners signed a contract for… Continue reading Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Chael Clark | PropertyCasualtyFocus Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was recently applied by the Southern District of New York in Philadelphia… Continue reading The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured