Legal Opinion
Stanley R. Benjamin, Inc. v. Fidelity & Casualty Co.
New York Supreme Court
Decided December 26, 1972PublishedCited by 8 opinions
1Opinion of the CourtJoseph Life, J.
Motion by defendant for an order pursuant to CPLR 3211 (snbd. [a], par. 5) dismissing this action for the reason that it is barred by the two-year limitation contained in the performance bond, is denied.
This action is brought to recover on a performance bond issued to indemnify the plaintiff against loss or damage which might be suffered as a result of the failure of Tri-Star Builders, Inc., a subcontractor, to perform its obligations under the subcontract. Plaintiff alleges that Tri-Star Builders, Inc. abandoned its work on the project on October 18, 1966. Defendant, conceding that this…
2Cases cited3 opinions
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- Tucker Paving Corp. v. Armco Steel Corp.Supreme Court of Arkansas · 1967
- Pezenik v. Massachusetts Bonding & InsuranceAppellate Terms of the Supreme Court of New York · 1931
3Cited by8 opinions
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- Chase v. Columbia National Corp.District Court, S.D. New York · 1993
- Schulman Investment Co. v. Olin Corp.District Court, S.D. New York · 1979
- Bologna v. NMU Pension Trust of NMU Pension & Welfare PlanDistrict Court, S.D. New York · 1987
- Davis v. NMU Pension & Welfare PlanDistrict Court, S.D. New York · 1992
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