International Fidelity Insurance v. Perosi Bros.

—Casey, J.

Appeal from an order of the Supreme Court (Spain, J.), entered October 19, 1993 in Albany County, which denied third-party defendant’s motions for a change of venue.

Plaintiff issued certain payment and performance bonds to secure the obligations of defendant Perosi Brothers, Inc. as the contractor on a construction project for third-party defendant, Facilities Development Corporation (hereinafter FDC). After Perosi Brothers defaulted on its contract with FDC, plaintiff paid on its bonds and the project was completed. Plaintiff thereafter commenced this action to recover the amount…