LAKEVIEW LAWN & LANDSCAPE, INC. v. INTRA-STATE CONTRACTING CORPORATION


278 A.D.2d 816 (2000)

718 N.Y.S.2d 536

LAKEVIEW LAWN & LANDSCAPE, INC., Respondent, v. INTRA-STATE CONTRACTING CORPORATION et al., Appellants.

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

Decided December 27, 2000.


Judgment unanimously affirmed with costs.

Memorandum:

Defendants appeal from a judgment, entered following a bench trial, awarding plaintiff $44,952.46 for goods and services supplied by it pursuant to a subcontract with defendant Intra-State Contracting Corporation (Intra-State). Supreme Court properly concluded that plaintiff was not contractually bound to procure a maintenance bond guaranteeing its work. The subcontract does not refer to a maintenance bond...

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