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L&L PAINTING CO., INC. v. ODYSSEY CONTRACTING CORP.

1467, 105126/08.

140 A.D.3d 519 (2016)

35 N.Y.S.3d 305

2016 NY Slip Op 04796

L&L PAINTING CO., INC., Appellant-Respondent, v. ODYSSEY CONTRACTING CORP., Respondent-Appellant, and FEDERAL INSURANCE COMPANY, Additional Counterclaim Appellant-Respondent.

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

Decided June 16, 2016.

This action arises from a $167 million public improvement project known as the Queensboro Bridge Repainting Project for the New York City Department of Transportation (the City), for which L&L was the prime contractor, Odyssey was L&L's subcontractor, and FIC was L&L's payment bond surety.

The motion court correctly determined that L&L and FIC failed to meet their threshold burden of demonstrating the absence...

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