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NYC v. CROSS BAY CONTR. CORP.

93 N.Y.2d 14 (1999)

709 N.E.2d 459

686 N.Y.S.2d 750

CITY OF NEW YORK, Respondent, v. CROSS BAY CONTRACTING CORP., Defendant, COLONIA INSURANCE COMPANY, Appellant-Respondent, JOHN F. HUDACS, as Commissioner of Labor, New York State Department of Labor, Respondent, and UNITED STATES OF AMERICA, by and through INTERNAL REVENUE SERVICE, Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Goldberg & Connolly, Rockville Centre (Henry L. Goldberg, Michael F. Kuzow and Ralph Pernick of counsel), for appellant-respondent.

Mary Jo White, United States Attorney for the Southern District of New York, New York City (Jeffrey Oestericher and Gideon A. Schor of counsel), for respondent-appellant.

Michael D. Hess, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Alan G. Krams of counsel), for City of New York, respondent.

Eliot Spitzer, Attorney-General, New York City (Steven Koton, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita and M. Patricia Smith of counsel), for John F. Hudacs, respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

This interpleader matter involves competing money claims in a complex construction litigation. The cross appeals were advanced to this Court pursuant to leave granted by the Appellate Division. The controversy revolves around various claims to the interpleaded funds. The case stems from the award of a contract for a public improvement. We answer the question certified to...

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