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· 6/7/2004

LaMacchia v. Rogers

Citations

  • 8 A.D.3d 346
  • 777 N.Y.S.2d 736
  • 2004 N.Y. App. Div. LEXIS 7894

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “a surety bond attaches to the principal contract and must be construed in conjunction with it”
  • one year guarantee provision applied to contractor’s duty to correct defects through supplemental performance and did not preclude action for damages
  • duty to mitigate does not include an obligation to undertake extraordinary and costly measures
  • “Although normally the amount specified in the bond constitutes the maximum liability of a surety, General Obligations Law, s 7-301, provides that such sum may be exceeded by the addition of interest from the date of the surety’s default.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.