Beer-Four Transportation Corp. v. Zurich American Insurance

In an action to recover on a payment bond for a public improvement project under State Finance Law § 137 (3), the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated August 26, 2009, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

Schiavone Construction Co., Inc. (hereinafter Schiavone), was the general contractor on a public…