Town of New Windsor v. Inbro Development Corp.

OPINION OF THE COURT

Irving A. Green, J.

Motion by defendant for summary judgment dismissing plaintiff’s complaint.

Plaintiff seeks payment to it of the proceeds of a performance bond for the building of roads which was obtained by codefendants, developers, as a condition for final approval of a subdivision plan, which was granted.

The action to enforce payment of the bond was commenced prior to any construction by defendant surety’s principal or the issuance of any building permit to any party as to any of the six lots which comprise the subdivision parcel.

Subdivision 1 of section 277 of the…