150 Nassau Associates, LLC v. Liberty Mutual Insurance
This text of 36 A.D.3d 489 (150 Nassau Associates, LLC v. Liberty Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered November 3, 2005, which granted defendant surety’s motion for partial summary judgment, unanimously affirmed, with costs.
Plaintiff property owner failed to comply strictly with the conditions of the performance bond, which went directly to the surety’s liability (see Tishman Westwide Constr. LLC v ASF Glass, Inc., 33 AD3d 539 [2006]; 153 Hudson Dev., LLC v DiNunno, 8 AD3d 77 [2004]), and thus warranted summary dismissal of that portion of the complaint addressed to the bond. We have considered plaintiffs other arguments and find them meritless. Concur — Gonzalez, J.P, Sweeny, McGuire, Malone and Kavanagh, JJ.
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Cite This Page — Counsel Stack
36 A.D.3d 489, 826 N.Y.S.2d 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/150-nassau-associates-llc-v-liberty-mutual-insurance-nyappdiv-2007.