DAVID FANAROF, INC. v. DEMBER CONSTR. CORP.


195 A.D.2d 346 (1993)

600 N.Y.S.2d 226

David Fanarof, Inc., Respondent, v. Dember Construction Corporation, Appellant

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

July 13, 1993


Plaintiff was a painting subcontractor to defendant, the general contractor on four construction projects. Plaintiff sued to recover the balance due for work performed under the subcontracts, but defendant claimed that payment to the defendant by the owner was a condition precedent to plaintiff's right to receive payment as specifically provided under the subcontracts. The owner filed for bankruptcy and has not made full and final payment to the defendant.

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