NEW YORK CITY ECON. DEV. CORP. v. NEW YORK SUR. CO.


242 A.D.2d 211 (1997)

660 N.Y.S.2d 437

New York City Economic Development Corporation, Respondent, v. New York Surety Company, Appellant

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

August 7, 1997


The bid bond in question was not a straightforward forfeiture bond, but rather required an additional act in order to trigger payment, viz., the sustaining of damages upon the award of the contract to another party. This was not "an unconditional promise to pay a sum certain" (Weissman v Sinorm Deli, 88 N.Y.2d 437, 444); something more than simple proof of nonpayment was required. Since such a conditional obligation cannot be considered...

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