BROADWAY HOUSTON MACK DEVELOPMENT, LLC v. KOHL

2009-01111.

71 A.D.3d 937 (2010)

897 N.Y.S.2d 505

BROADWAY HOUSTON MACK DEVELOPMENT, LLC, Appellant, v. TED KOHL et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 23, 2010.


Ordered that the order is affirmed, with costs.

The plaintiff, the ground lessee of certain real property, hired IDI Construction Company, Inc. (hereinafter IDI), of which the defendants were members, as its general contractor to construct an office building on the property. The plaintiff alleged that, at least in part, because of the defendants' malfeasance, IDI eventually was forced to declare bankruptcy. As a result, IDI failed to remit to subcontractors money...

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