Varlotta Construction Corp. v. Sette-Juliano Construction Corp.

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about May 19, 1995, which, to the extent appealed from, denied defendant Aetna Casualty and Surety Company’s cross-motion to dismiss plaintiff’s claims seeking compensation for certain utility work performed pursuant to contracts between defendant Sette-Juliano Construction Corp. and various utility companies, is unanimously reversed, on the law, without costs, such cross-motion granted and that portion of the complaint which seeks recovery against Aetna for utility work is dismissed.

There is no dispute that a…