Lizza & Sons, Inc. v. D'Onfro

WYZANSKI, District Judge.

1. This is an action, brought under this Court’s diversity jurisdiction, for damages plaintiff alleges it sustained by failure of the first group of defendants to perform a construction subcontract and by the failure of the remaining defendant to perform the conditions of a surety bond.

2. Plaintiff Lizza and Sons, Inc., sometimes referred to as Lizza, is a New York corporation engaged in business as a general construction contractor. Daniel A. D’Onfro, Ralph D. D’Onfro, Emmanuel D. D’Onfro, Virgil D. D’Onfro, and Nicholas A. D’Onfro are citizens of Massachusetts and…