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ACS SYSTEMS ASSOCIATES, INC. v. SAFECO INSURANCE COMPANY OF AMERICA

16252, 150625/11.

134 A.D.3d 413 (2015)

20 N.Y.S.3d 72

2015 NY Slip Op 08784

ACS SYSTEMS ASSOCIATES, INC., Respondent, v. SAFECO INSURANCE COMPANY OF AMERICA, Appellant.

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

Decided December 1, 2015.

The general contractor hired by the School Construction Authority (SCA) for a school renovation project obtained a payment bond from defendant to guarantee payment to its subcontractors and material suppliers. It is undisputed that SCA paid the general contractor in full for the work performed by plaintiff subcontractor on the project and that the general contractor failed to remit payment to plaintiff (see General Municipal Law § 106-b [2]). General Municipal...

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