Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is granted.
The defendant acknowledges that it is only a stakeholder, and the plaintiff is the only party before this Court with any claim to the bonded funds (see Town Law § 277 [9]). In addition, the plaintiff performed the infrastructure improvements covered by the bond. Thus, the plaintiff should have been awarded summary judgment on its complaint to...
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