Order unanimously reversed, with costs, and motion denied.
Memorandum:
Plaintiff commenced an action to recover under a labor and materials payment bond for work performed on a sewer construction job as a subcontractor for Wayne-Monroe Contracting, Inc. (Wayne-Monroe), the general contractor, under its sanitary and storm sewer and drainage service contract with Valpell Construction, Inc. (Valpell). Special Term granted plaintiff's motion to strike defendant...
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