WHITACRE CONSTR. SPECIALTIES, INC. v. AETNA CAS. & SUR. CO.


86 A.D.2d 972 (1982)

Whitacre Construction Specialties, Inc., Respondent, v. Aetna Casualty & Surety Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 26, 1982


Judgment unanimously reversed, on the law, with costs, and complaint dismissed.

Memorandum:

The sole issue in this action is the meaning of the phrase "ceased Work on said Contract" as it appears in the labor and material payment bond issued by the defendant Aetna Casualty and Surety Company. The trial court construed the term "Work" as including the performance of administrative obligations under the contract as well as work on the construction project. We...

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