DiPizio Construction Co. v. Erie Canal Harbor Development Corp.

Appellate Division of the Supreme Court of New York

DiPizio Construction Co. v. Erie Canal Harbor Development Corp.

148 A.D.3d 1595, 48 N.Y.S.3d 909

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 24, 2017

StatusPublished

This text of 148 A.D.3d 1595 (DiPizio Construction Co. v. Erie Canal Harbor Development Corp.) 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.

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DiPizio Construction Co. v. Erie Canal Harbor Development Corp., 148 A.D.3d 1595, 48 N.Y.S.3d 909 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment and order (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 24, 2015. The judgment and order, among other things, determined that plaintiff Travelers Casualty and Surety Company of America is the real party in interest.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, to the extent our decision in Peerless Ins. Co. v Talla Constr. Co. (272 AD2d 919 [2000]) may be construed to provide that acts constituting bad faith on the part of a surety are restricted to fraud and collusion, it should instead be read to provide that fraud and collusion are merely examples of such acts (see generally Maryland Cas. Co. v Grace, 292 NY 194, 200 [1944]).

Present — Peradotto, J.P., Carni, Lindley, Curran and Scudder, JJ.

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Appeal from a judgment and order (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 24, 2015. The judgment and order, among other things, determined that plaintiff Travelers Casualty and Surety Company of America is the real party in interest.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, to the extent our decision in Peerless Ins. Co. v Talla Constr. Co. (272 AD2d 919 [2000]) may be construed to provide that acts constituting bad faith on the part of a surety are restricted to fraud and collusion, it should instead be read to provide that fraud and collusion are merely examples of such acts (see generally Maryland Cas. Co. v Grace, 292 NY 194, 200 [1944]).

Present — Peradotto, J.P., Carni, Lindley, Curran and Scudder, JJ.

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Bluebook (online)

148 A.D.3d 1595, 48 N.Y.S.3d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dipizio-construction-co-v-erie-canal-harbor-development-corp-nyappdiv-2017.

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