YORK CONCRETE CORP. v. NORTHWOOD PROJECTS, INC.


57 A.D.2d 950 (1977)

York Concrete Corp., Respondent, v. Northwood Projects, Inc., et al., Defendants, and St. Paul Fire & Marine Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1977


Judgment affirmed insofar as appealed from, with costs.

The key provision in the bond is the requirement that no action may be brought "[a]fter the expiration of one (1) year following the date on which the F.H.A. Chief Underwriter signs the final project inspection report". The sole testimony adduced at the trial on this point was that of an officer of the corporate owner of the project. He testified to the effect that no such final report had been signed. In an...

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