1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 194 A.D.3d
  5. 194 A.D.3d 626 (2021)
 

MATTER OF TURNER CONSTR. CO. v. MOUNT AUBURN MULTIFAMILY LLC

Index No. 651987-19. Appeal No. 13910. Case No. 2020-00694.

194 A.D.3d 626 (2021)

144 N.Y.S.3d 359

2021 NY Slip Op 03292

In the Matter of Turner Construction Company, Respondent-Appellant, v. Mount Auburn Multifamily LLC, Appellant-Respondent.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Kaplan Levenson P.C., New York ( Steven M. Kaplan of counsel), for appellant-respondent.

Peckar & Abramson, P.C., New York ( Gregory H. Chertoff of counsel), for respondent-appellant.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

The court properly determined that Turner's consent to the assignment was not required because the sales contract between Oak Hill and Mount Auburn did not assign the construction contract as a whole. There is no dispute that the construction was completed in 2005 and the parties' duties under the construction contract also ended at that time. All that remained to be assigned at that time were the parties' respective rights and remedies that survived the completion of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases