SUMMIT DEV. CORP. v. HUDSON MERIDIAN CONSTR. GROUP LLC

Index No. 650755/09. 650172/09. 650239/09. Appeal No. 14454. Case No. 2019-5811.

198 A.D.3d 553 (2021)

156 N.Y.S.3d 166

2021 NY Slip Op 05801

Summit Development Corp., Doing Business as Summit Waterproofing & Restoration Co., Appellant-Respondent, v. Hudson Meridian Construction Group LLC et al., Respondents-Appellants, et al., Defendants. (And Other Actions.)

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

Mastropietro Law Group PLLC, Saratoga Springs ( John P. Mastropietro of counsel), for appellant-respondent.

Georgoulis PLLC, New York ( Chris Georgoulis of counsel), for respondents-appellants.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.


Defendant Hudson, the project general contractor, submitted plaintiff subcontractor's change orders to mediation with defendant Phipps, the project owner, pursuant to the general contract. The mediation resulted in a settlement between Hudson and Phipps. Regardless of the validity or amount of any of the change orders or Hudson's or Phipps's ultimate liability, the sums paid by Phipps to Hudson under the settlement were for plaintiff...

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