NEW YORK NATIONAL BANK v. PRIMALTO DEVELOPMENT & CONSTRUCTION CO., INC.


270 A.D.2d 22 (2000)

703 N.Y.S.2d 480

NEW YORK NATIONAL BANK, Appellant, v. PRIMALTO DEVELOPMENT & CONSTRUCTION CO., INC., et al., Defendants, and AMWEST SURETY INSURANCE, Respondent.

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

Decided March 2, 2000.


Plaintiff loaned funds to a general contractor and now alleges that the general contractor, denominated on the subject bond as principal, assigned to plaintiff its right to payment from the project's owner. The owner's payment obligations for labor, materials and equipment were secured by the bond. It is alleged that defendant surety told the owner that it had received many claims against the general contractor and warned the owner that unless it placed a freeze on all contract...

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