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JT & T AIR CONDITIONING CORP. v. BG NATIONAL P & H INC.

293 A.D.2d 429 (2002)

740 N.Y.S.2d 856

JT & T AIR CONDITIONING CORP., Respondent, v. BG NATIONAL P & H INC. et al., Appellants, et al., Defendant.

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

Decided April 30, 2002.

The motion court properly found that defendant BG National failed to present a meritorious defense and therefore was not entitled to relief pursuant to CPLR 317 (see, MacMarty, Inc. v Scheller, 201 A.D.2d 706). Having repeatedly certified to the Comptroller that plaintiff, its subcontractor, was in full compliance with Labor Law § 220, BG National was properly estopped from premising its defense to plaintiff's claim for payment...

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