ARCH INS. CO. v. DELRIC CONSTR. CO., INC.

2018-07111. Index No. 150563/16.

174 A.D.3d 560 (2019)

103 N.Y.S.3d 568

2019 NY Slip Op 05507

Arch Insurance Company, Respondent, v. Delric Construction Co., Inc., Appellant.

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

Decided July 10, 2019.


Ordered that the order is affirmed, with costs.

In 2009, the defendant entered into a contract with the Dormitory Authority of the State of New York (hereinafter DASNY) to perform general construction work for the new Staten Island courthouse. In 2010, the defendant entered into a subcontract agreement with Capco Steel, LLC (hereinafter Capco), pursuant to which Capco agreed to perform work on the project. The plaintiff, as surety, issued a subcontract performance...

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