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BROWNELL STEEL, INC. v. GREAT AMERICAN INSURANCE COMPANY

28 A.D.3d 842 (2006)

813 N.Y.S.2d 550

BROWNELL STEEL, INC., Respondent, v. GREAT AMERICAN INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

April 6, 2006.

Rose, J.

Andrew R. Mancini Associates, Inc. (hereinafter ARM), acting as general contractor, subcontracted with third-party defendant R&S Steel, LLC to perform all steel work on a construction project. R&S, in turn, subcontracted with plaintiff to perform the steel erection work. After completion of its work, plaintiff sought to secure payment by filing a mechanic's lien and commencing this action against defendant, the surety on ARM's payment bond. The bond...

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