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BROADWAY HOUSTON MACK DEV. LLC v. KOHL

22 Misc.3d 1001 (2008)

870 N.Y.S.2d 748

BROADWAY HOUSTON MACK DEVELOPMENT LLC, Plaintiff, v. TED KOHL et al., Defendants.

Supreme Court of the State of New York, Suffolk County.

December 22, 2008.

Attorney(s) appearing for the Case

Arent Fox LLP, New York City (Schuyler G. Carroll and David N. Winn of counsel), for plaintiff.

Hiscock & Barclay, LLP, Rochester (Mark Brown of counsel), for Ted Kohl and another, defendants.

David J. Aronstam, New York City, for Leslie Kohl, defendant.

OPINION OF THE COURT

EMILY PINES, J.

This case presents a classic collision between law and equity. It is ancient hornbook law that where the underlying issue to be determined is governed exclusively by legal principles, the court lacks the authority to utilize equity to provide a "better" remedy. (Donovan v Finn, 1 Hpk ch 59 [1823].) Having paid a general contractor in full covering the fees of all that entity's trust beneficiaries—the subcontractors...

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