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BLANDFORD v. NATL UNION INS

260 A.D.2d 86 (1999)

698 N.Y.S.2d 237

BLANDFORD LAND CLEARING CORP. et al., Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent.

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

November 30, 1999.

Attorney(s) appearing for the Case

Donald J. Carbone of counsel (Alan Winkler and Justine Clare Moran on the brief; Goetz Fitzpatrick Most & Bruckman, L. L. P., attorneys), for appellants.

Daniel E. Katz of counsel (David M. Grill on the brief; Bauman Katz & Grill, L. L. P., attorneys), for respondent.

Denis B. Frind of counsel (David R. Hendrick on the brief; Altieri, Kushner, Miuccio & Frind, P. C., and Hendrick, Phillips, Schemm & Salzman, attorneys), for Subcontractors Trade Association, Inc., and others, amici curie.

SULLIVAN, J. P., TOM, SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

RUBIN, J.

In this action involving the application of the Lien Law, defendant insurance company contends that it has no obligation to plaintiff subcontractors under its payment bond as a consequence of the default of the owner. It argues that the general contractor on the project is merely the agent of the owner for the purpose of paying the subcontractors for labor and materials and is otherwise...

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