Legal Opinion
Scales-Douwes Corp. v. Paulaura Realty Corp.
New York Court of Appeals
Decided May 28, 1969PublishedCited by 7 opinions
1Per curiam
The Appellate Division held that plaintiff as alienor for materials and labor furnished for the improvement of privately owned real property has- no direct cause of action against the bonding company under a performance bond issued pursuant to a contract with the private owner of the improved land in which a town, to which the land was later transferred, was the obligee.
The bonding company undertook to ,see that the owners paid the costs of certain- improvements and dedicated the land to the town ‘ ‘ free and clear of all liens and encumbrances- ’ ’. There was $33,716.28 left unpaid by the…
2Cases cited4 opinions
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Daniel-Morris Co. v. Glens Falls Indemnity Co.New York Court of Appeals · 1955
- McGrath v. American Surety Co.New York Court of Appeals · 1954
3Cited by7 opinions
- Cretex Companies, Inc. v. Construction Leaders, Inc.Supreme Court of Minnesota · 1984
- HNC Realty Co. v. Bay View Towers Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Novak & Co. v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Novak & Co. v. Travelers Indemnity Co.New York Supreme Court · 1976
- HNC Realty Co. v. Bay View Towers Apartments, Inc.New York Supreme Court · 1977
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