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D.A.G. FLOORS, INC. v. ST. PAUL MERCURY INSURANCE CO.

35 A.D.3d 207 (2006)

827 N.Y.S.2d 20

D.A.G. FLOORS, INC., Appellant, v. ST. PAUL MERCURY INSURANCE CO., Respondent.

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

Decided December 7, 2006.

This action on a bond discharging a public improvement lien was commenced against the wrong surety, and leave to substitute the correct issuer of the bond was properly denied because the proposed amendment was palpably lacking in merit (see Thompson v Cooper, 24 A.D.3d 203, 205 [2005]). The action was barred by the inclusive language of the release in a related action (cf. Maxwell Partners, L.L.C. v Building Studio, LLP, ...

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