Legal Opinion
City of Rye v. Public Service Mutual Insurance
New York Court of Appeals
Decided July 10, 1974PublishedCited by 41 opinions
1Opinion of the Court
Chief Judge Breitel.
In this action to recover on a surety bond given, to secure timely completion of some six buildings, the City of Bye, as obligee under the bond, seeks to recover the face amount of $100,000. The surety and the developers are defendants. Special Term denied the city’s motion for summary judgment, and a divided Appellate Division affirmed the denial. In his concurring opinion at the Appellate Division, *472Mr. Justice Shapiro reasoned that the bond was penal in nature and therefore not enforceable. The dissenters, in an opinion by Mr. Justice Hopkins, would have sustained the…
2Cases cited5 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- United States v. ZerbeySupreme Court of the United States · 1926
- Lyman v. . PerlmutterNew York Court of Appeals · 1901
3Cited by41 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- BDO Seidman v. HirshbergNew York Court of Appeals · 1999
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
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