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ERIE MATERIALS, INC. v. UNIVERSAL GROUP OF N.Y., INC.

514466.

101 A.D.3d 1529 (2012)

956 N.Y.S.2d 683

2012 NY Slip Op 9122

ERIE MATERIALS, INC., Respondent, v. UNIVERSAL GROUP OF NEW YORK, INC., et al., Defendants, and COLONIAL SURETY COMPANY, Appellant.

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

December 27, 2012.

Stein, J.

Plaintiff supplied roofing materials to defendant Universal Group of New York, Inc., a subcontractor hired by contractor Plank LLC on a public works construction project in the Town of Malta, Saratoga County (hereinafter the Malta project). As surety for Plank, defendant Colonial Surety Company issued a labor and material payment bond for the project pursuant to State Finance Law § 137. Universal submitted a payment application and lien waiver to Plank...

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