Legal Opinion

United States Fidelity & Guaranty Co. v. Delmar Development Partners, LLC

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

Decided October 27, 2005PublishedCited by 15 opinions

1Opinion of the CourtSpain, J.

Cross appeals from an order of the Supreme Court (Benza, J.), entered February 9, 2005 in Albany County, which, inter alia, partially granted defendant’s motion for leave to serve an amended answer.

By a standardized American Institute of Architects agreement—with insertions and modifications—executed in August 1999, defendant hired Matzen Construction, Inc. to construct a luxury apartment complex in the Town of Bethlehem, Albany County. The initial agreement was amended by a letter agreement executed by the parties in July 2001. Plaintiff, as surety for Matzen, commenced this action in…

2Cases cited29 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  3. Bloomfield v. BloomfieldNew York Court of Appeals · 2001
  4. In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
  5. State v. LundinNew York Court of Appeals · 1983

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3Cited by15 opinions

  1. Pendleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007
  3. Bast Hatfield, Inc. v. Schalmont Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
  4. August Bohl Contracting Co. v. L.A. Swyer Co.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Balanoff v. DoscherAppellate Division of the Supreme Court of the State of New York · 2016

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