Davidson Pipe Supply Co. v. Wyoming County Industrial Development Agency

OPINION OF THE COURT

Smith, J.

The issue here is whether a construction project developed with the assistance of an industrial development agency is properly considered a "public improvement” under State Finance Law § 137 requiring alternative bonds to insure that suppliers of goods and services will receive payment. Because we hold that the subject project is not a "public improvement” within the meaning of the statute, we affirm the order of the Appellate Division.

In 1988 defendant Indeck Energy Resources of Silver Springs, Inc., a privately owned company, entered into an installment sale…