Yeshiva University v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
Defendant Fidelity and Deposit Company of Maryland (Fidelity) appeals from an order denying its motion to dismiss this action as time barred. The action was brought to recover on a performance bond. The bond, a widely utilized, standard form published by the American Institute of Architects, contained a provision limiting the time for commencing an action thereon as follows: "Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.”
Since the interpretation placed upon…
2Cases cited11 opinions
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- City of New York v. StateNew York Court of Appeals · 1976
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- State v. LundinNew York Court of Appeals · 1983
- Cabrini Medical Center v. DesinaNew York Court of Appeals · 1985
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3Cited by9 opinions
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- Mastropieri v. Solmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Trustees of Columbia University v. Siegel & Associates ArchitectsAppellate Division of the Supreme Court of the State of New York · 1991
- Rite Aid of New York, Inc. v. R.A. Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Town of Esopus v. Brinnier & Larios, P. C.Appellate Division of the Supreme Court of the State of New York · 1987
4 more not listed; retrieve them via the Exa API.