Casa Redimix Concrete Corp. v. Westway Industries Inc.

*540Plaintiff seeks payment from defendant Hunts Point for concrete it supplied to Hunts Point’s construction site pursuant to an agreement with defendant Westway Industries Inc., the contractor for the excavation and foundation work. Plaintiff contends that its claim is encompassed in a related reformation action brought by Hunts Point against the surety that issued payment and performance bonds and in the settlement of that action.

We find that paragraphs in the complaint in the reformation action may be read as seeking damages based upon amounts owed to subcontractors and suppliers such as…