Legal Opinion
City of New York v. Cross Bay Contracting Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 1997PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The primary question on this appeal is whether a surety which has made payment under a payment bond issued in connection with a public improvement project is subrogated to the rights of the owner, the obligee under the bond, to contract *12funds it has withheld and entitled to priority over all other claimants to the withheld funds.
On or about May 18, 1992, the New York City Department of Sanitation (DOS) awarded a contract to Cross Bay Contracting Corp. for construction work at the Fresh Kills Landfill in Staten Island, New York. In connection with the contract,…
2Cases cited2 opinions
- United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
- Detrinca v. De FillippoAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Mendelsohn v. Dormitory Authority of New York (In Re QC Piping Installations, Inc.)United States Bankruptcy Court, E.D. New York · 1998
- Ebasco Constructors, Inc. v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
- Giant Supply Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Giuliano v. Ins. Co. of Pa. (In re LTC Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2019
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