Legal Opinion
Ætna Casualty & Surety Co. v. Lafayette National Bank
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1970PublishedCited by 6 opinions
1Opinion of the CourtNunez, J.
In this action to recover sums said to represent trust funds diverted in violation of the Lien Law, plaintiff, the ¿Etna Casualty and Surety Company (¿Etna) appeals from a judgment entered after a nonjury trial dismissing the amended complaint against all defendants.
¿Etna was the surety on a performance bond for defendant Banes Construction Corp. (Banes). The bond had been issued in connection with a contract (awarded Banes on or about March 18, 1955) for the construction of a high school ait Elmont, New York for the Central High School District No. 2, Hempstead.
The individual defendants…
2Cases cited4 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Grace v. Corn Exchange Bank Trust Co.New York Court of Appeals · 1941
- Clarke v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Century Indemnity Co. v. Bank of GowandaAppellate Division of the Supreme Court of the State of New York · 1942
3Cited by6 opinions
- Mtr. of Knox (Columbia Banking)New York Court of Appeals · 1985
- People v. RosanoAppellate Division of the Supreme Court of the State of New York · 1979
- I-T-E Imperial Corp. v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Ben Soep Co. v. Highgate Hall of Orange County, Inc.New York Supreme Court · 1988
- Roberts v. 112 Duane Associates LLCAppellate Division of the Supreme Court of the State of New York · 2006
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