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TRI-STATE EMPL v. MOUNTBATTEN

99 N.Y.2d 476 (2003)

788 N.E.2d 1023

758 N.Y.S.2d 595

TRI-STATE EMPLOYMENT SERVICES, INC., Appellant, v. MOUNTBATTEN SURETY COMPANY, INC., Respondent.

Court of Appeals of the State of New York.

Decided April 1, 2003.

Attorney(s) appearing for the Case

Law Office of William J. Turkish, PLLC, Jericho (William J. Turkish of counsel), for appellant.

McElroy, Deutsch & Mulvaney, LLP, New York City (M. Faith McGarrity of counsel), for respondent.

Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

The United States Court of Appeals for the Second Circuit, by certified question, asks us whether, in the circumstances presented, a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond.

Team Star Contractors, Inc. contracted with O'Ahlborg & Sons, Inc. to perform construction work at a site in Quincy,...

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