SERGE ELEVATOR CO., INC. v. MANSHUL CONSTRUCTION CORP.


257 A.D.2d 478 (1999)

684 N.Y.S.2d 204

SERGE ELEVATOR CO., INC., Respondent, v. MANSHUL CONSTRUCTION CORP., Defendant, and AETNA CASUALTY & SURETY COMPANY, Appellant. (And a Third-Party Action.)

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

Decided January 21, 1999.


Partial summary judgment was properly granted by the motion court to plaintiff upon its second cause of action since there were no triable issues remaining with respect to that cause. Because plaintiff's failure to complete its work under the subcontract was brought about by the general contractor's default, defendant surety is bound to pay plaintiff for the percentage of work it performed prior to the default, which was established as 78.4%. Defendant waived reliance upon...

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