Arch Ins. Co. v. Precision Stone, Inc., No. 07-3950 - U.S. Second Circuit
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Arch Ins. Co. v. Precision Stone, Inc., No. 07-3950

In an action for payment on a labor and materials payment bond issued by defendants in connection with a construction project, judgment for plaintiff is affirmed in part where the district court did not err in finding that the action was timely under the terms of the bond. However, the judgment is reversed in part where the district court improperly set off from the damages award the contractor's full cost to complete that portion of the contracted work that had not been completed by plaintiff.

Read Arch Ins. Co. v. Precision Stone, Inc., No. 07-3950

Appellate Information

Argued: December 19, 2008

Decided: October 1, 2009

Judges

Opinion by Judge Sack

Counsel

For Appellant:

Patrick M. Reilly, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY

For Appellee:

Peter Goetz and Susan M. PascaleGoetz Fitzpatrick LLP, New York, NY