153 HUDSON DEVELOPMENT, LLC v. DiNUNNO


8 A.D.3d 77 (2004)

778 N.Y.S.2d 482

153 HUDSON DEVELOPMENT, LLC, Appellant, v. BRYCE DiNUNNO, Defendant, and THOMSEN CONSTRUCTION CO., INC., et al., Respondents.

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

June 10, 2004.


Plaintiff's failure to comply with the notice provisions of the performance bond issued by Reliance precludes it from now maintaining this action for damages against the bond's surety. Contrary to plaintiff's contention that these notice provisions are not conditions precedent to recovery against the surety, this bond mandates that predefault notification be given to the contractor and surety by the owner (see Walter Concrete Constr. Corp. v Lederle Labs., ...

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