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TISHMAN WESTWIDE CONSTRUCTION LLC v. ASF GLASS, INC.

33 A.D.3d 539 (2006)

823 N.Y.S.2d 71

TISHMAN WESTWIDE CONSTRUCTION LLC et al., Appellants, v. ASF GLASS, INC., Defendant, and RLI INSURANCE COMPANY, Respondent.

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

Decided October 26, 2006.

The conditions of the bond with which plaintiff owner failed to comply went directly to the surety's liability, and required strict compliance (see 120 Greenwich Dev. Assoc., LLC v Reliance Ins. Co., 2004 WL 1277998, *11-13, 2004 US Dist LEXIS 10514, *33-37 [SD NY 2004]; see also Northeast Constr. Group, Inc. v Deconstruction, Inc., 16 A.D.3d 357 [2005], lv denied 5 N.Y.3d 709

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