Creedon & Gill recently prevailed in a Construction Litigation Trial on their Counter Claim in the Commercial Division in New York County in front of the same judge handling the Donald Trump case.
In a case involving new hotel construction in Manhattan, Creedon & Gill represented HVAC prime contractor Alliance Mechanical.
Sheet metal subcontractor Metal Men fell behind on the job and Creedon & Gill served a three day notice to cure. Metal Men abandoned the job. But Metal Men then filled a six figure lien against the building, and building owner and commenced litigation to foreclose on the lien and to hold Alliance’s owner personally liable for alleged violation of New York’s lien law which imposes a duty to keep all payments earmarked for distribution to sub contractors in trust until paid.
Representing the building owner, general contractor and Alliance Mechanical and Alliances’ owner personally in the litigation, Creedon & Gill counterclaimed the six figure amount that Alliance had been forced to spend to make up for the work that Metal Men abandoned.
After a bench trial in New York County, Metal Men’s personal claim against Alliance’s owner was dismissed following Metal Men’s direct case premised on their failure to establish a prima facie case on this cause of action. Alliance Mechanical then presented their proofs in defense and in support of their counterclaim.
The Hon. J. Engoron dismissed all of Metal Men’s claims after summations, and awarded Alliance Mechanical their entire demand, along with five years interest on their counter claim.