Senator Constr. Group Inc. v Hudson Meridian Const. Group LLC

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Senator Constr. Group Inc. v Hudson Meridian Const. Group LLC 2020 NY Slip Op 30103(U) January 13, 2020 Supreme Court, New York County Docket Number: 650102/2019 Judge: Andrew Borrok Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 01/13/2020 05:48 PM INDEX NO. 650102/2019 INDEX NO. 650102/2019 RECEIVED NYSCEF: 01/13/2020 NYSCEF DOC. NO. 62 NYSCEF DOC. NO. 60 RECEIVED SUPREME COURT OF THE STATE NEW YORK PRESENT: ANDREW HON. OF NYSCEF: NEW YORK COUNTY BORROK PART IAS MOTION 53EFM Justice -------------------------------------··---------X SENATOR INDEX CONSTRUCTION GROUP INC., Plaintiff, NO. 650102/2019 09/26/2019 MOTION DATE MOTION SEQ. NO. 002 - v HUDSON MERIDIAN LIBERTY MUTUAL CONSTRUCTION INSURANCE GROUP LLC, + ORDER DECISION COMPANY ON MOTION Defendant. -------··------------- --------------------X The fellówiñg e-filed documents, listed by NYSCEF document number (Motion 002) 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 were read Upon the on this motion the issue plaintiff's of its ownership agreement for the LLC (Hudson) This is a subcontract Senator to perform masonry Island Building, New City, and motion of the for for reasons partial (discussed scaffolding on the its claim for against below) record judgment summary and scaffolding set forth JUDGMENT (AFTER at oral of contract Hudson argument to CPLR pursuant breach JOINDER Meridian 3212 on the of a purported rental Construction Group is denied. complaint, Yonkers, SUMMARY documents foregoing (1/l3/2020), to/for 30, arising Construction Group of three Inc. on three construction (the Nepperhan Project), York Island out work York New Long dispute (the City, Tower New 650102/2015 SENATOR CONSTRUCTION MotionNo.002 B1 York construction projects Amenity hired located 28-30 and Project), (the was (Ser.ator) (2) subcontracts. (3) Jackson 28-30 Building as a subcontractor at: (1) Avenue, Jackson Project). 5 2 of 6 Tower Avenue, The Hudson by 16 Nepperhan GROUP vs. HUDSON MER!D!AN CONSTRUCTION 1 of to the According Street, Bl, Long Amenity complaint asserts Page 1 of 5 01/13/2020 [*FILED: 2] NEW YORK COUNTY CLERK 01/13/2020 05:48 PM INDEX NO. 650102/2019 INDEX NO. 650102/2019 RECEIVED NYSCEF: 01/13/2020 NYSCEF DOC. NO. 62 NYSCEF DOC. NO. 60 eight RECEIVED causes of these of action projects and conversion and mechanic's Breach of Contract - Tower 3. Breach of Contract - 4. Mechanic's Lien 5. Mechanic's Lien Foreclosure Project Building - Nepperhan Lien - Tower Bl Project 6. Mechanic's Lien Foreclosure - 7. Recovery 8. Conversion Hudson invoices Hudson No. further equipment following that construction installed the amount Building Project dated November (Ghuman and for Doc. No. below, that 33). judgment motion Aff., Senator through 6/30/2018, Plaza Nepperhan terminated rent Senator only and reached an agreement I 1-12). Senator claims 65010212G13 SENATOR CONSTRUCTION Motion No. 002 Invoices for Hudson the No. 32), of 5 3 of 6 Senator six to of rental of scaffolding As that to pay had scaffolding previously accordingly relevant, to $300,000 after Senator Senator to do so at a meeting GROUP vs. MUDSoN MERIDIAN CONSTRUCTION 2 rental Project. has refused having prepared the at approximately Doc. Hudson that rate made project. valued (NYSCEF from 1-6, to an alleged for Hudson Senator is also at the the Nepperhan equipment Project is made between Reference numbered the Nepperhan concerns 31). Scaffolding" for: and 11, 2016 No. reference Finally, from scaffolding despite Doc. between termination it was (NYSCEF "Larkin Senator's of the scaffolding agreemeñt 1/31/2018 charge it purchased scaffolding, 2018 Amenity Work from discussed summary facilitate February dated a rental agreement, of the as follows: Project Sabc6ñtract) (NYSCEF claims of Nepperhan Invoices) $6,000/month" Senator to each 1). to a Scope reflecting partial respect of Chattel (the (the with 01/13/2020 Project Bl Foreclosure foreclosure of chattel 2. Amenity lien recovery - Nepperhan is made rental for claims and of Contract Reference value of contract Breach Doc. This breach 1. (NYSCEF and for NYSCEF: the held agreed rental in to the (NYSCEF Page 2 of 5 Doc. [*FILED: 3] NEW YORK COUNTY CLERK 01/13/2020 05:48 PM INDEX NO. 650102/2019 NO. RECEIVED NYSCEF: 01/13/2020 NYSCEF DOC. NO. 62 NYSCEF DOC. NO. No. 60 33). RECEIVED By payment Senator purported fees Usman but Ghumman Can you check. (NYSCEF please Also Doc. Richard Cote I am please No. sign Doc. one was Richard main No. ever 35). The In support 2018 23, Emails reached. actually alternative, agrccrncnt. February NYSCEF: the discussing a "rental reference To of Senator's wit, Cote: office my rental purported dated ~m»4) in the or, scaffolding parties' to the (the that to Hudson's with of the (NYSCEF indicate check return emails agreement clearly writes the to it pursuant certain rental do not seeks owed attaches scaffolding €”.--.'" Senator motion, of the rental its motion, agr- this 650102/2019 INDEX and confirm agreer»cn.. when I want I can to close send someone project this to pick in our up books. 35) replies: with working in close out Peter to get checks so I need meeting signed to take him it will through require a little more time he was not it (id.). In opposition to the possession and that to incur $315,105 that may instant of Senator's the more work $61,295 to complete be due the to Senator argues, equipment scaffolding Senator than Hudson motion, performed prior to correct work and (Cote because Senator to its termination and that Hudson Aff., other among 17). Hudson Hudson collected was was is, therefore, things, that entitled in July of 2018, and required Hudson to expend to off has counterciaimed in same defective required it is not an additional set any for rental these payments amounts in this action. "A conversion exercises person's takes control right of over place when personal possession" someone, property (Colavito ' 660 v SENATOR CONSTRUCTION Motion No. 002 and intentionally belonging v New York without to someone Organ Donor else, 5 4 of 6 with interfering Network, GROUP vs. HUDSON MERIDIAN CONSTRUCTION 3 of assumes authority, Inc., or that 8 NY3d 43, Page 3 of 5 49- 01/13/2020 [*FILED: 4] NEW YORK COUNTY CLERK 01/13/2020 05:48 PM INDEX NO. 650102/2019 INDEX NYSCEF DOC. NO. 62 NYSCEF DOC. NO. 60 RECEIVED 50 [2006]). the The subject all two and of the plaintiff's materials, No. 23.3). plant and However, facilities Subcontractor plant 24.3). The parties dispute Cause" for breach obligations of any letter Doc. - No. most 55). 221 Vernon, conversion return least cause This 650102/2019 NYSCEF: 01/13/2020 345 and claim of the the the [2d between the after ever clemêñt. intent in holding initial termination 650i02/2015 SENATOR CONSTRUCTION Motion No. 002 is lawful, and for complaint denies of the conversion prerequisite is silent in January after 2018 the initial when GROUP vs. HUDSON MERIDIAN CONSTRUCTION 4 of 5 5 of 6 receive a in Termination for (NYSCEF claim not occur v City until as a of Mount to any as to whether raised to it was conversion does (White did that 16, 2018 has sufficiently scaffolding cause Senator to tools, equipment, March made as in and or credited the purposes tools, and action superseded is an essential Hudson on to the materials, Senator has been The such Subcontractor Originally, dated for all and Cause," subcontract to be paid cause. Convenience A demand made such proceeds expressly a demand of site equipment, this take rights however 2018, possession is a critical was scaffolding for materials, it, in (NYSCEF Without under and the the be immaterial 1995]). papers Contractor Hudson may property Dept 23, for original such by January of Termination intent as to its subjective (i.e., subsequently, where all of the thereon" in in the that possession Contractor all with provides machinery be made in Contractor terminated and, and to Contractor shall direct, direct." was "take may, or interest or interference property by right possessory Subcontract Hudson has or will deliver shall the Nepperhan transfer approved however, over of "Termination vest dated to retum AD2d and to fully the plaintiff's equipment payment letter dispute, - refuses which Senator a Notice significantly defendant for with and at prices whether "Termination construction assign as Contractor The Cause," for as Contractor facilities Subcontractor (id., at 50). event execute sell (iii) and for are (1) dominion in the require may same... the (i) shall Contractor (id. and tools, shall: tort defendant's rights equipment, 40, of this by Contractor Subcontractor Cause the (2) of a "Termination Doc. clements key property derogation event NO. RECEIVED NYSCEF: 01/13/2020 an issue termination Hudson may a demand of fact for have Page 4 of 5 at [*FILED: 5] NEW YORK COUNTY CLERK 01/13/2020 05:48 PM INDEX NO. 650102/2019 INDEX NO. 650102/2019 RECEIVED NYSCEF: 01/13/2020 NYSCEF DOC. NO. 62 NYSCEF DOC. NO. been 60 RECEIVED entitled to retain Convenience reached Emails in March a subsequent are ambiguous ORDERED the that the and scaffolding of 2018). rental agreement at best. plaintiff's Contrary for the to Senator's the Accordingly, partial superseding summary scaffolding Notice argument, equipment of Termination it is unclear as the NYSCEF: for if the parties 23, February 2018 it is judgment motion is denied. 2001131104 OKCC1F46F739 5C9 1/13/2020 DATE ANDREW BORROK, CHECK ONE: CASE DISPOSED APPLICATION: SETTLEORDER SUBMIT ORDER CHECK IF FFRGPRiÃTE: INCLUDESTRani5FERiREASSIGN FIDUCIARYAPPOINTMENT GRANTED 650i02/20i9 SENATOR CONSTRUCTION Motion No. 002 J.S.C. NON-FINAL DISPOSITION DENIED GRANTEDIN PART GROUP vs. HUDSON MERIDIAN CONSTRUCTION 5 of 5 6 of 6 OTHER REFERENCE Page 5 of 5 01/13/2020

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