Western Casualty & Suretty Co. v. City of Garden City

Garden City appeals as of right from a November 30, 1984, order that affirmed an arbitrator’s award of $92,754 to Gerry DiPonio & Sons, Inc., against the City of Garden City. The order also modified the arbitration award to reflect Western Casualty and Surety Company as the proper recipient of the award and to enter judgment for Western in accordance with the arbitrator’s award, together with statutory interest in the amount of twelve percent per annum from October 3, 1984.

The material facts of this case are not in dispute. This action arises from a construction contract between DiPonio and…