Legal Opinion

American Building Contractors Associates, Inc. v. Mica & Wood Creations, LLC

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

Decided November 7, 2005PublishedCited by 8 opinions

1Opinion of the Court

In an action, inter alia, to recover on a payment bond for a public improvement project under State Finance Law § 137 (3), the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 6, 2004, which granted the motion of the defendants Fourmen Construction, Inc., and Colonial Surety Company for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Weiner v. MKVII-Westchester, LLCAppellate Division of the Supreme Court of the State of New York · 2002
  3. A.C. Legnetto Construction, Inc. v. Hartford Fire InsuranceNew York Court of Appeals · 1998
  4. Carlton v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1985
  5. Wellets Point Asphalt Corp. v. R.L.I. InsuranceAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by8 opinions

  1. Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. BCC Hous. Dev. Corp. v. LPCiminelli, Inc.Appellate Division of the Supreme Court of the State of New York · 2025
  3. Digesare Mech., Inc. v. U.W. Marx, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
  4. Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Hoffman v. Unionmutual Stock Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2008

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