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Contracts Keyed to Ayres
Allhusen v. Caristo Construction Corp.
Citation:
303 N.Y. 446Facts
Defendant subcontracted with the Kroo Painting Company for painting work in NYC public schools. Each of their contracts contained this 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 hereof without the written consent of the first party [defendant] will be void.” Kroo assigned certain rights to another party and this party assigned the rights to the Plaintiff. The focus is on the phrase “moneys due and to become due” to Kroo.
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