Graziano v. Indemnity Insurance Co. of North America

In an action in which the plaintiffs sue in the Supreme Court, Nassau County, to recover as claimants under a bond issued by defendant for the benefit of claimants supplying material or labor under a construction contract, defendant appeals from an order granting plaintiffs’ motion to strike out the defendant’s third defense which asserts that by the terms of said bond plaintiffs were precluded from suing except in Suffolk County. Order affirmed, with $10 costs and disbursements. The bond was executed in this State, where the right to sue in courts in the subdivisions of the State is…