Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The general contractor on a public improvement project with the New York City Department of Parks and Recreation entered into a contract with Diamond Blacktop, which then entered into a contract with the plaintiff, Willets Point Asphalt Corp., for the supply of asphalt materials. The general contractor obtained a payment bond from the defendant, R.L.I...
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