American Radiator & Standard Sanitary Corp. v. Albany Municipal Housing Commission

MILLIKEN, Judge.

At the request of a subcontractor, Robin-Todd Corporation, the appellants, American Radiator and Standard Sanitary Corporation and Beams Electric Supply Company, furnished materials used in the construction of the Albany Municipal Housing Project, and now seek recovery on the Performance and Payment Bond of the prime contractor, Y & S Construction Company, the subcontractor having defaulted in payment. The principal question on appeal is whether the trial court properly granted summary judgment denying protection to the appellants on the primary contractor’s bond for materials…