Legal Opinion

City of Yonkers v. 58A JVD Industries, Ltd.

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

Decided March 5, 2014Published

1Opinion of the Court

In an action, inter alia, to recover upon a performance bond, the defendant 58A JVD Industries, Ltd., appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated April 15, 2013, which denied its motion to dismiss the cause of action alleging breach of contract insofar as asserted against the defendant Colonial Surety Company on the ground that it is time-barred.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant 58A JVD Industries, Ltd. to dismiss the cause of action alleging breach of contract insofar as asserted against the…

2Cases cited7 opinions

  1. White v. Continental Casualty Co.New York Court of Appeals · 2007
  2. Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
  3. Comey v. . United Surety Co.New York Court of Appeals · 1916
  4. Walter Concrete Construction Corp. v. Lederle LaboratoriesNew York Court of Appeals · 2003
  5. Landow v. KraussAppellate Division of the Supreme Court of the State of New York · 2013

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