D & M ELECTRICAL CONTRACTING, INC. v. TOWN OF NORTH CASTLE


303 A.D.2d 707 (2003)

756 N.Y.S.2d 863

D & M ELECTRICAL CONTRACTING, INC., Appellant, v. TOWN OF NORTH CASTLE, Respondent.

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

Decided March 31, 2003.


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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