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150 NASSAU ASSOCIATES, LLC v. LIBERTY MUTUAL INSURANCE COMPANY

36 A.D.3d 489 (2007)

826 N.Y.S.2d 567

150 NASSAU ASSOCIATES, LLC, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

Decided January 16, 2007.

Plaintiff property owner failed to comply strictly with the conditions of the performance bond, which went directly to the surety's liability (see Tishman Westwide Constr. LLC v ASF Glass, Inc., 33 A.D.3d 539 [2006]; 153 Hudson Dev., LLC v DiNunno, 8 A.D.3d 77 [2004]), and thus warranted summary dismissal of that portion of the complaint addressed to the bond. We have considered plaintiff...

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