Davis Wallbridge, Inc. v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: In September, 1980 plaintiff, for the agreed price of $15,000, constructed the binder course for several roads in a tract being developed by Caciga Realty Corp. (Caciga). Caciga gave its note to plaintiff for $15,000, payable in June, 1981, at which time Caciga paid plaintiff $2,500 and gave plaintiff a new note for $12,500. II On January 5, 1981, Caciga entered into a contract with the Town of Onondaga under which the town agreed to accept title to the road prior to their completion, provided Caciga obtained a performance bond,…
2Cases cited7 opinions
- Benderson Development Co. v. Schwab Bros. Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Timberline Electric Supply Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1980
- Timberline Electric Supply Corp. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1979
- Neo-Ray Products, Inc. v. Boro Electric Installation, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Neo-Ray Products, Inc. v. Boro Electric Installation, Inc.New York Court of Appeals · 1979
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3Cited by5 opinions
- Tri-State Employment Services, Inc. v. The Mountbatten Surety Company, Inc.Court of Appeals for the Second Circuit · 2002
- Johnson City Central School District v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1996
- Bethlehem Steel Corp. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1993
- American Casualty Co. v. D.L. Withers Construction, L.C.Court of Appeals of Arizona · 2003
- In re the Rehabilitation of Frontier InsuranceAppellate Division of the Supreme Court of the State of New York · 2010