Lamparter Acoustical Products, Ltd. v. Maryland Casualty Co.

In an action by a subcontractor on a bond guaranteeing payment of the obligation of a general contractor, the surety appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 26, 1977, which, inter alia, granted summary judgment to the subcontractor. Order and judgment modified, on the law and and the facts, by deleting from the amount awarded the sum of $8,584, representing delay damages. As so modified, order and judgment aflirmed, without costs or disbursements, and action remanded to Special Term for entry of an appropriate amended order and…