M.F. Hickey Company v. Port New York Authority

Order and judgment (one paper) granting recovery of $5,248.76 against respondent Port of New York Authority in the amount of a judgment obtained by petitioner, a materialman, against one of the Authority's contractors, plus interest and costs, unanimously modified on the law by striking the direction that petitioner recover $5,248.76 and by substituting therefor a declaration that petitioner is entitled to recover the surplus, if any, of the fund withheld by the Authority under its contract with the contractor remaining after payment to all creditors entitled to payment from the withheld fund, with $50 costs to respondent-appellant. The Authority's contract with the judgment debtor-contractor permits the Authority to withhold such amounts as are necessary to pay just claims of third persons against the contractor arising out of the contract and ""to apply such sums in such manner as the [ Authority's ] Chief Engineer may deem proper"" to satisfy such claims. A money judgment can only be enforced against a property right to the extent