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ATL. COAST FIREPROOFING, INC. v. J. GREANEY CONSTR. CORP.

245 A.D.2d 119 (1997)

666 N.Y.S.2d 149

Atlantic Coast Fireproofing, Inc., Respondent, v. J. Greaney Construction Corp., Defendant, and Reliance Insurance Company of New York, et al., Appellants and Third-Party Plaintiffs-Appellants. New York Surety Company, Third-Party Defendant-Respondent

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

December 16, 1997

Plaintiff's sufficient showing of its entitlement to payment under its construction contract was unrebutted, and defendant failed to avail itself of the opportunity to obtain disclosure that might have shed light on this issue. The motion court correctly found that the subject labor and material payment bond, which contains no reference to State Finance Law § 137, does not state that it was issued pursuant to the requirements...

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