R.J. Russo Trucking & Excavating, Inc. v. Pennsylvania Resource Systems, Inc.

OPINION OF THE COURT

Levine, J.

In December 1984, defendant Dutchess County Resource Recovery Agency (hereinafter the Agency), a public benefit corporation, contracted with defendant Pennsylvania Resource Systems, Inc. (hereinafter PRS) for the design, construction and operation of a resource recovery facility to be located in the City of Poughkeepsie, Dutchess County. In conjunction with that contract and pursuant to the requirements of State Finance Law § 137, defendant General Insurance Company of America (hereinafter General), as surety, issued a labor and material payment bond for over $27…