150 Nassau Assoc., LLC v Liberty Mut. Ins. Co.

150 Nassau Assoc., LLC v Liberty Mut. Ins. Co. 2007 NY Slip Op 00241 [36 AD3d 489] January 16, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

150 Nassau Associates, LLC, Appellant,
v
Liberty Mutual Insurance Company, Respondent.

—[*1] Snitow Kanfer Holtzer & Millus, LLP, New York (Alan Heblack of counsel), for appellant. Westermann Hamilton Sheehy Aydelott & Keenan, LLP, Garden City (Christopher J. Sheehy of counsel), for respondent.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered November 3, 2005, which granted defendant surety's motion for partial summary judgment, unanimously affirmed, with costs.

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 AD3d 539 [2006]; 153 Hudson Dev., LLC v DiNunno, 8 AD3d 77 [2004]), and thus warranted summary dismissal of that portion of the complaint addressed to the bond. We have considered plaintiff's other arguments and find them meritless. Concur—Gonzalez, J.P., Sweeny, McGuire, Malone and Kavanagh, JJ.