ACATY CONSTR. CORP. v. RUSS-BRO INT'L CORP.


85 A.D.2d 557 (1981)

Acaty Construction Corp., Respondent, v. Russ-Bro International Corp., Appellant

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

December 15, 1981


In this action by a subcontractor against a general contractor, the trial court, in a bench trial, correctly held that the suspension of work by plaintiff was precipitated by defendant's failure to make payment to it and plaintiff's resultant lack of funds. Accordingly, it found that plaintiff had not breached the contract, and, by consequence, plaintiff was entitled to recover on its claim and that defendant's counterclaim, bottomed on an alleged breach of the contract,...

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