Beninati Roofing & Sheet Metal Co. v. Gelco Builders, Inc.

Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 14, 1999, which, after a non-jury trial, inter alia, entitled plaintiff subcontractor to recover from defendant surety Home Indemnity Company payment under its bond, interest, and attorneys’ fees pursuant to State Finance Law § 137, unanimously affirmed, with costs.

Although defendant surety maintains that the services of plaintiff subcontractor to meet the specifications of a change order issued in connection with the underlying construction contract between defendant contractor Gelco and the New York City…