Electric City Concrete Company, Inc. v. Phillips

In Electric City Concrete Company, Inc. v. Phillips (100 AD2d 1 [3d Dept 1984]), the Court denied an attempt by a subcontractor, similar to that of Curtis's attempt here, to foreclose upon its lien. The Court explained that "in the case of a subcontractor, a mechanic's lien will attach only to those funds due and owing to the general contractor at the time of its filing, which may thereafter become due and owing. Indeed, it is well established that the rights of lienors are derivative of those of the general contractor and are restricted to satisfaction out of the amount established to be due and owing from the owner to the general contractor'" (100 AD2d at 4.)