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CASA REDIMIX CONCRETE CORP. v. COSNER CONSTRUCTION CORP.

1897, 600672/04, 1897A

68 A.D.3d 673 (2009)

2009 NY Slip Op 9714

891 N.Y.S.2d 395

CASA REDIMIX CONCRETE CORP., Respondent, v. COSNER CONSTRUCTION CORP. et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 29, 2009.

The award of prejudgment interest against Liberty violates the well established rule, embodied in General Obligations Law § 7-301, that the liability of a surety is limited to the "amount specified in the undertaking" plus interest "from the time of default by the surety" (see e.g. Tri-City Elec. Co. v People, 63 N.Y.2d 969 [1984]; Fidelity N.Y. v Aetna Ins. Co., 234 A.D.2d 261 [1996...

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