DGI-Menard, Inc. v. Yonkers Contracting Co.

Memo of Law in Support of Motion for Partial Summary Judgment to Enforce Pay-if-Paid Clause


Memo of Law in support of motion for partial summary judgment to dismiss more than $1.5 million in unpaid retention and owner-caused delay claims asserted by plaintiff-subcontractor against defendant-general contractor on the ground that contractual pay-if-paid clause is enforceable in this NY law suit because the construction project performed by the parties is located in NJ, and the NY mechanic's lien law which is the basis for NY's prohibition against pay-if-paid clauses does not apply to projects outside of NY.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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