GEMMA DEVELOPMENT CO. v. FIDELITY & DEPOSIT COMPANY OF MARYLAND


1 A.D.3d 152 (2003)

767 N.Y.S.2d 413

GEMMA DEVELOPMENT CO. L.L.C., Appellant-Respondent, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Respondent-Appellant, et al., Defendants.

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

November 13, 2003.


Plaintiff's arguments that it is entitled to damages against defendant surety Fidelity & Deposit for misrepresentations as to materials available for work on a project in which the plaintiff was substituted as the prime contractor are unavailing in view of the contract language obligating plaintiff to provide all materials. Its argument that the surety knew or should have known that there were not adequate materials to complete the project is not supported by the record...

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