Legal Opinion
Industrial Window Corp. v. Federal Insurance
District Court, S.D. New York
Decided July 16, 2008No. 07 Civ. 10959 (JSR)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
JED S. RAKOFF, District Judge.
Plaintiff Industrial Window Corp. (“IWC”) filed the above-captioned case on December 3, 2007, under a payment bond made by defendant Federal Insurance Company (“Federal”), as surety and Beys General Construction Corp. (“Beys”) as principal, with regard to Contract No. 20040018658. IWC seeks $254,906.95 in damages resulting from Beys’ breach of contract and failure to pay for work, labor and materials. On February 1, 2008, Federal moved to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as barred by Alternative…
2Cases cited5 opinions
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Westinghouse Electric Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1993
- Aerotech World Trade Ltd. v. Excalibur Systems Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- General Railway Signal Corp. v. L.K. Comstock & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Bazin v. Walsam 240 Owner, LLCNew York Supreme Court · 2007
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