Sea Crest Construction Corp. v. Amwest Surety Insurance

—Order, Supreme Court, New York County (Barry Cozier, J.), entered September 23, 1998, which denied defendant’s motion to dismiss the complaint, unanimously reversed, on the law, with costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

Plaintiff, as general contractor, entered into a construction contract with the City of New York for construction of a sanitation garage facility in June 1990. La Sala became a masonry subcontractor to plaintiff in September 1990 and a performance bond was…