V.A.L. FLOORS, INC., plf-ap, v. MARSON CONTRACTING CO., INC., def, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, def-res

10761-10761A. V.A.L. FLOORS, INC., plf-ap, v. MARSON CONTRACTING CO., INC., def, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, def-res — Law Office of Robert J. Miletsky, White Plains (Robert J. Miletsky of counsel), for ap — Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho (Lawrence S. Novak of counsel), for res — Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered December 7, 2012, dismissing the complaint as against defendant Travelers Casualty and Surety Company of America (Travelers), unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about September 4, 2012, which granted Travelers' motion for summary judgment dismissing the complaint as against it and denied plaintiff's cross motion for partial summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

10761-10761A. V.A.L. FLOORS, INC., plf-ap, v. MARSON CONTRACTING CO., INC., def, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, def-res — Law Office of Robert J. Miletsky, White Plains (Robert J. Miletsky of counsel), for ap — Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho (Lawrence S. Novak of counsel), for res — Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered December 7, 2012, dismissing the complaint as against defendant Travelers Casualty and Surety Company of America (Travelers), unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about September 4, 2012, which granted Travelers’ motion for summary judgment dismissing the complaint as against it and denied plaintiff’s cross motion for partial summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Beginning in May 2007 and ending on January 9, 2008, plaintiff subcontractor performed flooring installation work for defendant Marson Contracting Co., Inc., the general contractor on the construction of a 15-story condominium building. On December 14, 2007, 985 Park Avenue Realty LLC (the Developer) conveyed one of the condominium units to a married couple (the Buyers). In the deed, the Developer covenanted that it would “receive the consideration for this conveyance,” “hold the right to receive such consideration as a trust fund for the purpose of paying the cost of the improvement,” and “apply the same first to the payment of the cost of the improvements before using any part of the same for any other purpose.” On January 18, 2008, plaintiff filed a mechanic’s lien against the subject unit.

V.A.L. FLOORS, INC., plf-ap, v. MARSON CONTRACTING CO., INC., def, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, def-res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal