Aetna Casualty & Surety Co. v. F & F Maintenance, Inc.

Yesawich, Jr., J.

Appeal from that part of an order of the Supreme Court (Prior, Jr., J.), entered October 6, 1989 in Albany County, which directed an inquest on the issue of liability.

Plaintiff instituted this action to recover money paid pursuant to a performance bond. Defendants had agreed to indemnify plaintiff for any loss it sustained in furnishing the bond. Thereafter, an action was commenced seeking recovery under the performance bond, for which plaintiff issued a settlement check in the amount of $43,500. Additionally, plaintiff incurred $2,965 in legal fees.

When plaintiff’s demands…