Home Indemnity Co. v. Wachter

In an action by a surety to recover from its indemnitors, the indemnitors appeal from an *591order of the Supreme Court, Suffolk County (Campbell, J.), dated August 28, 1984, which granted the surety’s motion for partial summary judgment.

Order affirmed, with costs.

Defendants Francis and Dorothy Wachter issued to plaintiff-surety Home Indemnity Company a general indemnity agreement to induce the surety to issue various performance and payment bonds required for a contractor, Babylon Construction Corporation (hereinafter Babylon), to perform construction work at a public school. The indemnitors, as…