Wellets Point Asphalt Corp. v. R.L.I. Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover on a payment bond, the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 21, 2001, which denied its motion to dismiss the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The general contractor on a public improvement project with the New York City Department of Parks and Recreation entered into a contract with Diamond Blacktop, which then entered into a contract with the plaintiff, Willets Point Asphalt Corp., for the supply of asphalt materials.…
2Cases cited1 opinion
- A.C. Legnetto Construction, Inc. v. Hartford Fire InsuranceNew York Court of Appeals · 1998
3Cited by3 opinions
- American Building Contractors Associates, Inc. v. Mica & Wood Creations, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Harsco Corp., Patent Construction Systems Division v. Gripon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Beer-Four Transportation Corp. v. Zurich American InsuranceAppellate Division of the Supreme Court of the State of New York · 2010