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GREENWICH EXCAVATING & CONSTRUCTION, INC. v. MARK J. MACDONALD PLUMBING & HEATING, INC.

24 A.D.3d 1147 (2005)

807 N.Y.S.2d 436

GREENWICH EXCAVATING & CONSTRUCTION, INC., Appellant, v. MARK J. MACDONALD PLUMBING & HEATING, INC., et al., Defendants, and RLI INSURANCE COMPANY, Respondent.

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

December 29, 2005.

ROSE, J.

Defendant Mark J. MacDonald Plumbing & Heating, Inc. (hereinafter MacDonald), the general contractor on a public improvement contract with defendant Keene Central School District (hereinafter KCSD), hired plaintiff as a subcontractor. After performing the subcontract, plaintiff claimed that it had not been paid and filed a lien pursuant to Lien Law § 5. At MacDonald's behest, defendant RLI Insurance Company (hereinafter defendant) provided a surety...

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