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MIDDLE ISLAND DRYWALL SUPPLY, INC. v. KAUFMAN & BROAD HOMES OF LONG ISLAND, INC.

74 A.D.2d 634 (1980)

Middle Island Drywall Supply, Inc., Plaintiff, v. Kaufman & Broad Homes of Long Island, Inc., Appellant, and Gulf Painting and Sheetrock Corp., Respondent. (Action No. 1.) Giant Supply Corp., Plaintiff, v. Kaufman & Broad Homes of Long Island, Inc., Appellant, and Gulf Painting and Sheetrock Corp., Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 25, 1980

Order reversed, with $50 costs and disbursements, and motion to vacate the preferences granted.

In these two actions by materialmen against the fee owner and a subcontractor of two condominium projects under construction, the subcontractor, codefendant Gulf, has cross-claimed against the fee owner, defendant Kaufman & Broad. One of the causes of action in each cross claim sounds in tort for fraud. The issue here is Gulf's right to a commercial trial preference...

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