Legal Opinion
Kipp Bros. v. Hartford Accident & Indemnity Co.
New York Supreme Court
Decided August 28, 1970PublishedCited by 4 opinions
1Opinion of the CourtJohn C. Marbach, J.
This is a motion for summary judgment1 pursuant to CPLR 3213 on the grounds that a labor and material bond executed by defendant as surety is an instrument for the payment of money only within the scope of CPLR 3213. There is a cross motion by defendant to dismiss the action as prematurely brought on the grounds that plaintiff has failed to *789comply with subdivision 3 of section 137 of the State Finance Law which, in defendant’s view, as a condition precedent to suit, requires a showing of nonpayment of plaintiff’s claim for a period of 90 days after the date of the last delivery of material,…
2Cases cited5 opinions
- Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
- Chittenden Lumber Co. v. Silberblatt & Lasker, Inc.New York Court of Appeals · 1942
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Triple Cities Constr. Co. v. Dan-Bar Contracting Co., Inc.New York Court of Appeals · 1955
- Wagner v. CornblumNew York Supreme Court · 1970
3Cited by4 opinions
- Scaccia Concrete Corp. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Stern v. Chemical BankCivil Court of the City of New York · 1975
- Wildeb Rest. Inc. v. Jolin Restaurant, Inc.Suffolk County District Court · 1972
- Zunz v. National Surety Corp.Civil Court of the City of New York · 1975