Attorney(s) appearing for the Case
Ernstrom & Dreste, Rochester (J. William Ernstrom and Martha A. Connolly of counsel), for Aetna Casualty and Surety Company, defendant.
Max E. Greenberg, Trager, Toplitz & Herbst, New York City (George N. Toplitz, Kalvin Kamien and Regina C. Saat of counsel), for Gilbane Building Company, defendant.
Welby & Welby, White Plains (Thomas H. Welby and Michael E. Greenblatt of counsel), for L.J. Coppola, Inc., plaintiff.
Bryant, O'Dell & Basso, LLP, Syracuse (Linda E. Alario of counsel), for General Building Contractors of New York State, Inc., and another, amici curiae.
Hendrick, Phillips, Schemm & Salzman, of the Georgia Bar, admitted pro hac vice, and Altieri, Kushner, Miuccio & Frind, P. C., New York City (Denis B. Frind of counsel), for American Subcontractors Association and another, amici curiae.
Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.
Court of Appeals of the State of New York.
SMITH, J.
Two questions of law have been certified to us from the Second Circuit Court of Appeals (West-Fair Elec. Contrs. v Aetna Cas. & Sur. Co., 49 F.3d 48):
1. Whether a pay-when-paid provision in a subcontract, which transfers the risk of an owner's default from a general contractor to a subcontractor, violates New York public policy as set forth in the...
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