Legal Opinion
Tishman Westwide Construction LLC v. ASF Glass, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 2006PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 2, 2005, which granted defendant surety’s motion for summary judgment dismissing the complaint against it and denied plaintiffs’ cross motion for partial summary judgment, unanimously affirmed, with costs.
The conditions of the bond with which plaintiff owner failed to comply went directly to the surety’s liability, and required strict compliance (see 120 Greenwich Dev. Assoc., LLC v Reliance Ins. Co., 2004 WL 1277998, *11-13, 2004 US Dist LEXIS 10514, *33-37 [SD NY 2004]; see also Northeast Constr. Group, Inc. v…
2Cases cited5 opinions
- Seaboard Surety Co. v. Town of Greenfield Ex Rel. Greenfield Middle School Building CommitteeCourt of Appeals for the First Circuit · 2004
- International Fidelity Insurance v. SpadafinaAppellate Division of the Supreme Court of the State of New York · 1993
- United States Ex Rel. Maris Equipment Co. v. Morganti, Inc.District Court, E.D. New York · 2001
- Northeast Construction Group, Inc. v. Deconstruction, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Morganti Inc. v. Liberty Bond Service, Inc.Court of Appeals for the Second Circuit · 2003
3Cited by7 opinions
- Mount Vernon City School District v. Nova Casualty Co.New York Court of Appeals · 2012
- Archstone v. Tocci Building Corp. of New Jersey, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Prismatic Dev. Corp. v. International Fid. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2023
- Prismatic Dev. Corp. v. International Fid. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2023
- 150 Nassau Associates, LLC v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
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