Schmidt v. Duggan

Appellate Division of the Supreme Court of New York

Schmidt v. Duggan

10 A.D.2d 797, 198 N.Y.S.2d 98, 1960 N.Y. App. Div. LEXIS 11500

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

DecidedMarch 2, 1960

StatusPublished

This text of 10 A.D.2d 797 (Schmidt v. Duggan) 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.

Bluebook

Schmidt v. Duggan, 10 A.D.2d 797, 198 N.Y.S.2d 98, 1960 N.Y. App. Div. LEXIS 11500 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment unanimously affirmed, without costs of this appeal to any party. Memorandum: We disagree with the finding of the Official Referee that the bond given by the defendant Newark Insurance Company was to cover the costs of materials only. We find it to be a performance bond indemnifying the owner of the property against damages caused by a breach of contract on the part of the contractor. (Appeal from a judgment of Erie Supreme Court for plaintiffs, and in favor of certain defendant lienors in various amounts, in an action to foreclose a mechanic’s lien. Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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Judgment unanimously affirmed, without costs of this appeal to any party. Memorandum: We disagree with the finding of the Official Referee that the bond given by the defendant Newark Insurance Company was to cover the costs of materials only. We find it to be a performance bond indemnifying the owner of the property against damages caused by a breach of contract on the part of the contractor. (Appeal from a judgment of Erie Supreme Court for plaintiffs, and in favor of certain defendant lienors in various amounts, in an action to foreclose a mechanic’s lien. Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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Bluebook (online)

10 A.D.2d 797, 198 N.Y.S.2d 98, 1960 N.Y. App. Div. LEXIS 11500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-duggan-nyappdiv-1960.