Legal Opinion
Novak & Co. v. Travelers Indemnity Co.
New York Supreme Court
Decided March 10, 1976PublishedCited by 4 opinions
1Opinion of the CourtFrank Composto, J.
In this action upon performance and payment bonds, defendant moves to dismiss the complaint on the grounds: (1) the complaint fails to state a cause of action; (2) the plaintiff’s cause of action is barred by the Statute of Limitations, and (3) release.
The New York City Housing Authority contracted with plaintiff for the plumbing work in the construction of one of its housing projects and also contracted with Wilaka Construction Co., Inc. ("Wilaka”) for the foundation and general construction work. Wilaka’s contract required it to furnish performance and payment bonds, which were obtained…
2Cases cited14 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Seaver v. . RansomNew York Court of Appeals · 1918
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Granite Computer Leasing Corp. v. Travelers Indemnity Co.District Court, S.D. New York · 1984
- Wyoming MacHinery Co. v. United States Fidelity & Guaranty Co.Wyoming Supreme Court · 1980
- Wyoming MacHinery Co. v. United States Fidelity & Guaranty Co.Wyoming Supreme Court · 1980