# Acme Blacktop Paving Corp. v. Brown & Matthews, Inc.

> Appellate Division of the Supreme Court of the State of New York · October 31, 1968 · 30 A.D.2d 1042

URL: https://www.frixlaw.com/law-library/cases/5768235

## Case

- **Full name:** Acme Blacktop Paving Corp. v. Brown & Matthews, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 31, 1968
- **Citations:** 30 A.D.2d 1042; 294 N.Y.S.2d 826; 1968 N.Y. App. Div. LEXIS 3020
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5768235

## Opinion text

Order unanimously reversed, with costs, and motion granted. Memorandum: The assignment by plaintiff to United States Fidelity & Guaranty Company of all its right, title and interest to moneys due or to become due under the contract with defendants-appellants, including all claims for extra work, is complete and unequivocal. As the assignment now stands, plaintiff has no interest in the proceeds of the contract and therefore may not maintain the present action. (Cummings v. Morris, 25 N. Y. 625, 627 .) If the assignment in its present form does not correctly express the intention of the parties, plaintiff may seek reformation of the instrument. (6 N Y Jur., Reformation of Instruments, § 41; Brandwein v. Provident Mut. Life Ins. Co., 3 N Y 2d 491, 496.) (Appeal from order of Erie Special Term, denying motion to dismiss complaint in action on contract.) Present — Bastow, P. J., Williams, Del Vecchio, Marsh and Witmer, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5768235. Public record. Not legal advice.