Lakeview Lawn & Landscape, Inc. v. Intra-State Contracting Corp.

Judgment unanimously affirmed with costs. Memorandum: Defendants appeal from a judgment, entered following a bench trial, awarding plaintiff $44,952.46 for goods and services supplied by it pursuant to a subcontract with defendant Intra-State Contracting Corporation (Intra-State). Supreme Court properly concluded that plaintiff was not contractually bound to procure a maintenance bond guaranteeing its work. The subcontract does not refer to a maintenance bond, nor does it expressly incorporate any such provision of the underlying prime contract. The court also properly concluded that…