Legal Opinion
In re the Arbitration between International Fidelity Insurance & Saratoga Springs Public Library
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1997PublishedCited by 3 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Keniry, J.), entered December 21, 1995 in Saratoga County, which, inter alia, denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.
Petitioner was the surety for Peter Annis, Inc. (hereinafter Annis), the heating, ventilating and air conditioning contractor on a project to construct a new public library. When Annis defaulted during the performance of its prime contract with respondent, respondent demanded that petitioner perform under its surety bond. Ultimately the parties entered into a takeover agreement to…
2Cases cited1 opinion
- Fidelity & Deposit Co. v. Parsons & Whittemore Contractors Corp.New York Court of Appeals · 1979
3Cited by3 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- In Re Arbitration Between S & R Co. & Latona Trucking, Inc.District Court, N.D. New York · 1997
- Sharpe v. MannAppellate Division of the Supreme Court of the State of New York · 2006