ALLHUSEN V. CARISTO CONSTRUCTION CORP.
303 N.Y. 446,103 N.E.2d 891 (1952).
NATURE OF THE CASE: This was an action by an assignee to recover damages for a breach of contract. Allhusen (P), assignee, appealed from a judgment, which affirmed an order granting Caristo's (D) motion for summary judgment dismissing P's complaint seeking to recover from D money owing for work done by a subcontractor.
FACTS: Caristo (D) subcontracted with Kroo to do painting. The subcontract contained the following provision: The assignment by the second party (Kroo) of this contract or any interests therein, or of any money due or to become due by reason of the terms hereof without the written consent of the first party [Caristo] shall be void. Kroo assigned the rights including monies due and to become due to a third company which in turn assigned them to Allhusen (P). P sought to recover on the assignment, but D contended that the contract prohibition against assignments must be given effect.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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