Legal Opinion
Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2012Published
1Opinion of the CourtPeters, P.J.
Appeal from a judgment of the Supreme Court (O’Shea, J.), entered September 28, 2011 in Chemung County, which, among other things, granted plaintiff’s motion for partial summary judgment.
Plaintiff is a subcontractor of Massa Construction, Inc., which had been hired to perform a public improvement project for the Elmira City School District. In accordance with State Finance Law § 137, Massa secured a labor and materials bond (hereinafter the bond) for the project from defendant, a surety, which guaranteed payment to all subcontractors on the project in the event that Massa failed to meet its…
2Cases cited16 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Frank Felix Associates, Ltd. v. Austin Drugs, Inc.Court of Appeals for the Second Circuit · 1997
- Schuler-Haas Electric Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1976
- Restoration Realty Corp. v. RoberoNew York Court of Appeals · 1983
- Robert Cohn Associates, Inc. v. KosichAppellate Division of the Supreme Court of the State of New York · 2009
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