Westchester Asphalt Distributing Corp. v. Yonkers Contracting Co.

In an action against the principal contractor and its surety on a bond, executed pursuant to section 137 of the State Finance Law, to recover a sum due for labor performed and materials furnished by appellant under a contract with a subcontractor on a public improvement contract, the appeal is from an order of the City Court of White Plains dismissing the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prae., rule 106, subd. 4). Order affirmed, with $10 costs and disbursements. The complaint alleges that appellant instituted…