D & M Electrical Contracting, Inc. v. Town of North Castle
Cases that cite this one
1 later published case cites this decision.
- Carriafielio-Diehl & Associates, Inc. v. D&M Electrical Contracting, Inc. (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover the proceeds of a cash bond, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), dated March 5, 2002, as denied its motion for summary judgment, and, in effect, upon searching the record, granted summary judgment to the defendant dismissing the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is granted.
The defendant acknowledges that it is only a stakeholder, and the plaintiff is the only party before this Court with any claim to the bonded funds (see Town Law § 277 [9]). In addition, the plaintiff performed the infrastructure improvements covered by the bond. Thus, the plaintiff should have been awarded summary judgment on its complaint to recover the proceeds of the bond. However, our determination is without prejudice to claims, if any, of the owners of the four other prop
Case-law data current through December 31, 2025. Source: CourtListener bulk data.