Timberline Electric Supply Corp. v. Insurance Co. of North America

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: This is an *906appeal by Insurance Company of North America (I. N. A.) from an order at Special Term denying its motion for summary judgment. The Village of Seneca Falls hired L. R Ward, Inc., to construct certain sewer improvements. Appellant I. N. A. provided the surety bond. Plaintiff-respondent Timberline Electric Supply Corp. (Timberline) supplied some of the materials that were used in the project. On March 31, 1976 Ward went bankrupt and abandoned the project. I. N. A. responded by hiring VDF…