Legal Opinion
Travelers Indemnity Co. v. Central Trust Co.
New York Supreme Court
Decided September 28, 1965PublishedCited by 5 opinions
1Opinion of the CourtG. Robert Witmer, J.
The plaintiff has moved pursuant to CPLR 3211 (subd. [b]) for an order dismissing the first, second and third affirmative defenses contained in the amended answer of the defendant Central Trust Company of Rochester. The complaint contains nine causes of action under the Lien Law to compel the defendant to pay to the plaintiff the amounts which the plaintiff has expended under performance bonds given by H. P. Lenhard & Sons, Inc. (Lenhard), on which plaintiff was surety, in connection with nine construction contracts. The first contract (the first cause of action) was made in 1958, and the…
2Cases cited12 opinions
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
- Garvin v. GarvinNew York Court of Appeals · 1953
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- Gruntal v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1930
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3Cited by5 opinions
- Schwadron v. FreundNew York Supreme Court · 1972
- Fentron Architectural Metals Corp. v. SolowNew York Supreme Court · 1979
- Raisler Corp. v. Uris 55 Water Street Co.New York Supreme Court · 1977
- Pavarini McGovern, LLC v. Waterscape Resort LLC (In re Waterscape Resort LLC)United States Bankruptcy Court, S.D. New York · 2012
- DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLCAppellate Division of the Supreme Court of the State of New York · 2021