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INDEPENDENT TEMPERATURE CONTROL SERVS., INC. v. PARSONS BRINCKERHOFF, INC.

6128 652412/14.

159 A.D.3d 636 (2018)

70 N.Y.S.3d 847

2018 NY Slip Op 02249

INDEPENDENT TEMPERATURE CONTROL SERVICES, INC., Plaintiff, v. PARSONS BRINCKERHOFF, INC., Formerly Known as PB AMERICAS, INC., Appellant, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Respondent, et al., Defendants.

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

Decided March 29, 2018.

Travelers established prima facie that it is not liable under the performance bond it issued to construction manager Parsons Brinckerhoff (PB) for plaintiff subcontractor's work, because PB failed to mail it notice of the termination of the subcontract, as required by sections 3.2 and 12 of the performance bond, before paying a replacement contractor pursuant to section 3.3 (see Granger Constr. Co., Inc. v TJ, LLC, 134 A.D.3d 1329

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