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MOUNT VERNON CITY SCHOOL DISTRICT v. NOVA CASUALTY COMPANY

2009-08982.

78 A.D.3d 1028 (2010)

912 N.Y.S.2d 98

MOUNT VERNON CITY SCHOOL DISTRICT, Appellant-Respondent, v. NOVA CASUALTY COMPANY, Respondent-Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 23, 2010.

Ordered that the judgment is affirmed, without costs or disbursements.

On December 22, 2003, the plaintiff Mount Vernon City School District (hereinafter Mount Vernon) entered into a contract with the defendant DJH Mechanical Associates, Ltd. (hereinafter DJH), pursuant to which DJH agreed to provide heating, ventilation, and air conditioning system work for a project at the A.B. Davis Middle School. Shortly thereafter, DJH procured a performance bond from the defendant...

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