L & W SUPPLY CORPORATION v. A.D.F. DRYWALL, INC.


55 A.D.3d 1026 (2008)

865 N.Y.S.2d 159

L & W SUPPLY CORPORATION, Doing Business as CAPITAL GYPSUM, Appellant, v. A.D.F. DRYWALL, INC., et al., Respondents, et al., Defendants.

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

October 16, 2008.


Rose, J.

Plaintiff furnished building materials that were used by defendant A.D.F. Drywall, Inc. (hereinafter ADF), a subcontractor hired by the general contractor, defendant Zandri Construction Corporation, for its work on a public works construction project. Defendant Federal Insurance Company, acting as surety for Zandri, issued a labor and material payment bond on the project. ADF left the job in July 2004 without completing its subcontract and failed to pay plaintiff...

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