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MATTER OF UNION INDEM. INS. CO. OF NEW YORK

220 A.D.2d 341 (1995)

633 N.Y.S.2d 21

In the Matter of the Liquidation of Union Indemnity Insurance Company of New York Carlin-Atlas Corp., Appellant-Respondent, v. Superintendent of Insurance of the State of New York, as Liquidator, Respondent-Appellant

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

October 26, 1995

The Referee properly construed the performance bond in finding that claimant was required to provide the surety with notice of the subcontractor's default, and, contrary to claimant's contention, the Second Department decisions in Babylon Assocs. v County of Suffolk (101 A.D.2d 207, 217-218) and Menorah Nursing Home v Zukov (153 A.D.2d 13, 21-22) do not suggest to the contrary.

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