Allhusen v. Caristo Const. Corp‪.‬

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 provisions: `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) shall be void. Kroo subsequently assigned certain rights under the contracts to Marine Midland Trust Company of New York, which in turn assigned said rights to plaintiff. These rights included the `moneys due and to become due to Kroo. The contracts were not assigned, and no question of improper delegation of contractual duties is involved. No written consent to the assignments was procured from defendant.