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CLAYTON B. OBERSHEIMER, INC. v. TRAVELERS CAS. & SUR. CO. OF AM.

513934.

96 A.D.3d 1284 (2012)

947 N.Y.S.2d 649

2012 NY Slip Op 5061

CLAYTON B. OBERSHEIMER, INC., Doing Business as CBO GLASS, Respondent, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Appellant.

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

June 21, 2012.

Peters, P.J.

Plaintiff is a subcontractor of Massa Construction, Inc., which had been hired to perform a public improvement project for the Elmira City School District. In accordance with State Finance Law § 137, Massa secured a labor and materials bond (hereinafter the bond) for the project from defendant, a surety, which guaranteed payment to all subcontractors on the project in the event that Massa failed to meet its payment obligations. During the course...

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