Legal Opinion
Mount Vernon City School District v. Nova Casualty Co.
New York Court of Appeals
Decided April 3, 2012PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
On this appeal, we are called upon to determine whether defendant Nova Casualty Company (Nova) is discharged from its surety obligation to plaintiff Mount Vernon City School District (the School District) on the bases that the School District allegedly violated New York’s Lien Law by improperly diverting construction contract payments constituting trust fund assets to a nonbeneficiary and breached the terms of the parties’ performance bond. We hold that under the facts of this case, Nova has not demonstrated that discharge of its surety obligation is warranted.…
2Cases cited11 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Becker v. FaberNew York Court of Appeals · 1939
- Page v. . KrekeyNew York Court of Appeals · 1893
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3Cited by33 opinions
- A&M GLOBAL MANAGEMENT CORP. v. NORTHTOWN UROLOGY ASSOCIATES, P.C.Appellate Division of the Supreme Court of the State of New York · 2014
- Congel v. MalfitanoCourt for the Trial of Impeachments and Correction of Errors · 2018
- Nielsen Co. v. Success Systems, Inc.District Court, S.D. New York · 2015
- Sim v. Farley Equipment Company LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Halstead v. FourniaAppellate Division of the Supreme Court of the State of New York · 2015
28 more not listed; retrieve them via the Exa API.