Barrett Paving Materials, Inc. v. United States Fidelity & Guaranty Co.

Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Zeller, J.), entered July 17, 1985 in Broome County, which denied plaintiffs motion for summary judgment.

In the fall of 1982, the Dormitory Authority of the State of New York (Authority) contracted with defendant Murray Walter, Inc. (Walter), to construct dormitories at the State University of New York at Binghamton. The project required concrete of two different strengths (3,000 PSI and 4,000 PSI)* which plaintiff agreed to supply to Walter, the general contractor. Plaintiff delivered concrete over a 13-month period,…