Chris Cardillo, partner, serves as counsel to TK Elevator Corporation (TKE) and assisted the company in filing a suit against Turner Construction Company (Turner) in the Supreme Court for the State of New York, County of New York. TKE was hired by Turner to install escalators and elevators at the TWA Hotel adjacent to John F. Kennedy Airport.
Turner owes more than $1.3 million to TKE “despite repeated demands that they do so,” TKE’s complaint states.
TKE’s suit targets the TWA Hotel’s owner Flight Center Hotel LLC (Flight Center) with a diversion of trust claim. The claim alleges that Flight Center should have directed the funding for the project to TKE by way of Turner under New York State’s lien law.
TKE is “a beneficiary of trust funds that haven’t been paid by Turner, because Turner hasn’t been paid by the owner,” Chris said.
In March 2020, Turner filed suit against Flight Center, claiming failure to pay $22.5 million of the company’s $309 million management fee and related costs in connection with the project.