1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 4 N.Y.3d
  5. 4 N.Y.3d 211 (2005)
 

QUANTUM CORPORATE v. WESTWAY

4 N.Y.3d 211 (2005)

825 N.E.2d 117

791 N.Y.S.2d 876

QUANTUM CORPORATE FUNDING, LTD., Respondent, v. WESTWAY INDUSTRIES, INC., Defendant, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 2005.

Attorney(s) appearing for the Case

Westermann Hamilton Sheehy Aydelott & Keenan, LLP, Garden City (David Westermann, Jr. of counsel), for appellant.

Hancock & Estabrook, LLP, Syracuse (Stewart F. Hancock, Jr. and Alan J. Pierce of counsel), for respondent.

Wolff & Samson PC, New York City (Adam P. Friedman of counsel), for Surety Association of America, amicus curiae.

Goetz Fitzpatrick LLP, New York City (Bernard Kobroff of counsel), for Subcontractors Trade Association, Inc., amicus curiae.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

We hold today that State Finance Law § 137 allows subcontractors' assignees to recover payment from bond sureties. The statute requires general contractors on public works projects to purchase payment bonds, which work like insurance policies designed to guarantee payment to the general contractors' suppliers, employees and subcontractors. The statute is silent, however...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases