Acstar Insurance v. Teton Enterprises, Inc.

—In an action to recover damages for breach of an indemnity agreement, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rosato, J.), entered June 18, 1997, which denied its motion for partial summary judgment.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff issued a performance bond in the amount of $105,000, with the defendant Teton Enterprises, Inc. (hereinafter Teton) as principal, the plaintiff as surety, and the Town of Westbrook, Connecticut (hereinafter the Town) as obligee. The bond was to insure certain…