Odyssey Construction Inc., the Court of Appeal held that such a claim is enforceable and is not barred by res judicata, merger or abuse of process. [read post]

Fuller Co., Inc. is instructive.[19]  In Cives, the plaintiff sued Fuller, a general contractor, and Liberty Mutual Insurance Company for payment on invoices relating to a construction project.[20]  Liberty Mutual moved for dismiss under CPLR 3211(a)(1) based on “various letters and emails” that it claimed demonstrated that the payment bond asserted against it had never become effective.[21]  The Second Department reversed the trial court’s… [read post]

Vol. 2, No. 15, June 5, 2010 The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]