· 5/18/2000
International Fidelity Insurance v. County of Rockland
Citations
- 98 F. Supp. 2d 400
- 2000 U.S. Dist. LEXIS 7454
- 2000 WL 714614
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[s]ophisticated lawyers . . . must be presumed to know how to use parallel construction and identical wording to impart identical meaning when they intend to do so, and how to use different words and construction to establish distinctions in meaning”
- requiring Section 14.2 procedures for amendment, but requiring action by Board of Directors for suspension or termination
- paragraph 3 of AIA 312 form did not establish conditions precedent to surety’s liability for indemnification where construction contract contained separate indemnification provision
- “not every breach justifies a declaration of default and termination of the contract” (citation omitted)
- “Sophisticated lawyers . . . must be presumed to know . . . how to use different words and construction to establish distinctions in meaning.”
- “New York courts have held that if the contract actually uses 3 the term ‘condition precedent,’ then the term will be construed as a condition rather than simply a promise.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lisa Margaret Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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