Legal Opinion

CNY Mechanical Associates v. Fidelity & Guaranty Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1995No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: McKinley Mechanical, Inc. (McKinley) was hired as a heating, ventilation and air conditioning subcontractor in connection with construction of a building on the Syracuse University campus. Defendant, Fidelity & Guaranty Insurance Company (F&G), issued a Labor and Material Payment Bond (Bond) in the sum of $1,193,908 for McKinley’s performance on that contract. McKinley hired CNY Mechanical Associates, Inc. (CNY Mechanical) to perform certain work on its behalf. Upon completion of performance, CNY Mechanical made a claim upon the Bond,…

2Cases cited2 opinions

  1. Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
  2. Allis-Chalmers Manufacturing Co. v. Malan Construction Corp.New York Court of Appeals · 1972

3Cited by5 opinions

  1. LLT International Inc. v. MCI Telecommunications Corp.District Court, S.D. New York · 1999
  2. Bast Hatfield, Inc. v. Schalmont Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  3. Metropolis A.C. Corp. v. National Environmental Safety Co.Appellate Division of the Supreme Court of the State of New York · 2007
  4. CAB Associates v. StateAppellate Division of the Supreme Court of the State of New York · 2005
  5. CNY Mechanical Associates v. Fidelity & Guaranty InsuranceAppellate Division of the Supreme Court of the State of New York · 1995

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