SEA CREST CONSTRUCTION CORP. v. AMWEST SURETY INSURANCE COMPANY


263 A.D.2d 433 (1999)

693 N.Y.S.2d 134

SEA CREST CONSTRUCTION CORP., Respondent, v. AMWEST SURETY INSURANCE COMPANY, Appellant.

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

Decided July 29, 1999.


Plaintiff, as general contractor, entered into a construction contract with the City of New York for construction of a sanitation garage facility in June 1990. La Sala became a masonry subcontractor to plaintiff in September 1990 and a performance bond was obtained by La Sala from defendant, pursuant to its contract with plaintiff, which provided that any action on the bond would have to be commenced within two years after either La Sala defaulted or after La Sala ceased...

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