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ALLHUSEN v. CARISTO CONSTR. CORP.

303 N.Y. 446 (1952)

Herman Allhusen, Appellant, v. Caristo Construction Corp., Respondent.

Court of Appeals of the State of New York.

Decided January 24, 1952

Attorney(s) appearing for the Case

Bruce A. Hecker, John F. Dooling, Jr., and James A. Thomas, Jr., for appellant.

George B. Balamut for Manufacturers Trust Company, amicus curiæ, in support of appellant's position.

Milton P. Kupfer and Theodore M. Newman for National Conference of Commercial Receivable Companies, Inc., and another, amici curiæ, in support of appellant's position.

Emanuel Harris and Max E. Greenberg for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.

FROESSEL, J.

Defendant, a general contractor, subcontracted with the Kroo Painting Company (hereinafter called Kroo) for the performance by the latter of certain painting work in New York City public schools. Their contracts contained the following prohibitory provision: "The assignment by the second party [Kroo] of this contract or any interest therein, or of any money due or to become due by reason of the terms...

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