Sullivan v. International Fidelity Insurance

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 30, 1997, which, in this action to recover prevailing wages and benefits on a payment bond pursuant to Labor Law §§ 220 and 220-g, to the extent appealed from, denied defendant-appellant surety’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Assuming arguendo that the motion court properly ignored plaintiffs’ affidavits since they contradicted, without explanation, their month-old deposition testimony (see, Tse Chin Cheung v G & M Hardware & Elec., 249 AD2d…