It is undisputed that McQuay manufactured fan coils specifically for the project covered by the bond, that the coils were never delivered, and that since manufacture, the fan coils were held in a rigger's yard in Brooklyn, while the project was in the Bronx. By its terms, the bond does not apply to undelivered materials. Only materials used "at or in the vicinity of the job site are covered by the bond (see, Maryland Cas. Co. v Board of Water Commrs.,
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5 STAR BUILDERS, INC. v. NOVEL IRON WORKS, INC.
268 A.D.2d 332 (2000)
702 N.Y.S.2d 40
5 STAR BUILDERS, INC., Plaintiff, v. NOVEL IRON WORKS, INC., et al., Defendants. (And a Third-Party Action.) NOVEL IRON WORKS, INC., Plaintiff, v. MANSHUL CONSTRUCTION CORP. et al., Defendants, AETNA CASUALTY & SURETY COMPANY, Appellant, and AAF-McQUAY INC., Respondent. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 20, 2000.
Decided January 20, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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