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HUGH O'KANE ELECTRIC CO., LLC v. MASTEC NORTH AMERICA INC.

16 A.D.3d 161 (2005)

791 N.Y.S.2d 526

HUGH O'KANE ELECTRIC CO., LLC, Respondent, v. MASTEC NORTH AMERICA, INC., Doing Business as WILDE CONSTRUCTION, Appellant.

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

March 8, 2005.

The general contractor seeks dismissal on the basis of a provision in the subcontract making its obligation to pay the subcontractor "expressly contingent upon and subject to" its own receipt of payment from the owner for the subcontractor's work—a so-called "pay-when-paid" provision. Such provisions are void in New York as against public policy (West-Fair Elec. Contrs. v Aetna Cas. & Sur. Co., 87 N.Y.2d 148, 158 [1995...

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