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GOLD MECH. CONTRACTORS, INC. v. LLOYDS BANK P.L.C.

197 A.D.2d 384 (1993)

602 N.Y.S.2d 136

Gold Mechanical Contractors, Inc., et al., Appellants, v. Lloyds Bank P.L.C. et al., Respondents

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

October 7, 1993

Plaintiff construction contractors' theory that defendant construction lenders are liable for the labor and materials plaintiffs provided at the project since defendants were not creditors of but joint venturers in the project is unviable absent an allegation that defendants agreed to share in the owner's losses (see, De Vito v Pokoik, 150 A.D.2d 331, 331-332). An agreement to distribute the proceeds of an enterprise on a...

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