1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 139 A.D.3d
  5. 139 A.D.3d 424 (2016)
 

ADVANCED AUTOMATIC SPRINKLER CO., INC. v. SEABOARD SUR. CO.

1045, 650321/11.

139 A.D.3d 424 (2016)

29 N.Y.S.3d 166

2016 NY Slip Op 03444

ADVANCED AUTOMATIC SPRINKLER CO., INC., Appellant, v. SEABOARD SURETY COMPANY, Respondent.

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

Decided May 3, 2016.

Plaintiff presented no evidence that any material delay in the construction project was attributable to the nonparty prime contractor for whose benefit defendant issued a payment bond (see Triangle Sheet Metal Works v Merritt & Co., 79 N.Y.2d 801 [1991]).

In any event, the subcontract contains a "no damages for delay" clause, and plaintiff failed to meet its heavy burden of establishing an exception to the rule that such...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases