CAPSTONE BUSINESS FUNDING, LLC v. OPTIMUM CONSTRUCTION, INC.

16344, 652991/13, 95057/14.

134 A.D.3d 471 (2015)

19 N.Y.S.3d 888

2015 NY Slip Op 08969

CAPSTONE BUSINESS FUNDING, LLC, Individually and as Assignee of Barden Contracting Services, LLC, Respondent, v. OPTIMUM CONSTRUCTION, INC., Defendant, and RLI INSURANCE COMPANY, Appellant. (And a Third-Party Action.)

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

Decided December 8, 2015.


The motion court correctly found defendant surety bound by the estoppel certificate signed by its principal, as plaintiff detrimentally relied on the certificate in advancing funds to the subcontractor for whose benefit the surety's payment bond was required (see JRK Franklin, LLC v 164 E. 87th St. LLC, 27 A.D.3d 392, 393 [1st Dept 2006], lv denied 7 N.Y.3d 705 [2006]), there was...

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