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DAVIDSON PIPE v. WYOMING IDA

196 A.D.2d 240 (1994)

Davidson Pipe Supply Co., Inc., Respondent, v. Wyoming County Industrial Development Agency et al., Appellants

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

March 11, 1994

Attorney(s) appearing for the Case

Saperston & Day, P. C., Buffalo (Robert Michalak of counsel), for Indeck Energy Resources of Silver Springs, Inc., appellant.

Dadd & Nelson, P. C., Attica (Eric Dadd of counsel), for Wyoming County Industrial Development Agency and others, appellants.

Jones, Hirsch, Connors & Bull, New York City (William Sterns, III, of counsel), and Barry L. Radlin, Amherst, for respondent.

GREEN, J. P., PINE, CALLAHAN and BOEHM, JJ., concur.

FALLON, J.

Supreme Court erred in granting plaintiff's motion for a judgment declaring that defendants are liable to plaintiff for their failure to require a payment bond pursuant to State Finance Law § 137 and in granting plaintiff partial summary judgment on liability (Davidson Pipe Supply Co. v Wyoming County Indus. Dev. Agency, 156 Misc.2d 989).

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