Ajay Glass & Mirror Co. v. AASHA G.C., Inc. (90 A.D.3d 1615, 2011)

Memorandum:

Plaintiff commenced this action seeking to recover funds allegedly owed to it for work performed on the Turning Stone Casino & Resort (hereafter, project), owned by the Oneida Indian Nation (OIN). In order to comply with the OIN’s requirement that a certain amount of work on the project be subcontracted to firms owned by its members, defendant Hunt Construction Group, Inc. (Hunt) subcontracted work to defendant AASHA G.C., Inc. (AASHA), which in turn sub-subcontracted that same work to plaintiff. AASHA asserted two cross claims against Hunt. The first cross claim sought to recover the set aside amounts to which AASHA was entitled based upon plaintiffs payment requisition Nos. 16 and 17, and the second cross claim sought to recover the amount that AASHA was obligated to pay plaintiff for those same requisitions. In a prior order, Supreme Court denied Hunt’s motion for summary judgment dismissing the complaint and cross claims against it and, upon the request of plaintiff, the court searched the record and awarded £