Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the second cause of action is granted.
The defendant Aetna Casualty and Surety Company (hereafter Aetna) acted as surety for Carle Place Industries, Inc. (hereafter Carle Place), a general contractor. It issued a payment bond on behalf of Carle Place, guaranteeing payment to all subcontractors and...
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