American Building Supply Corp. v. Avalon Properties, Inc.

In consolidated actions, inter alia, to recover on a labor and material payment bond, the defendant National Union Fire Insurance Company of Pittsburgh, Pa. appeals from (1) an order of the Supreme Court, Westchester County (Rudolph, J.), dated September 20, 2002, which denied its motion for summary judgment dismissing the claim of the plaintiff Hilti, Inc., against the labor and material payment bond, (2) an order of the same court dated September 23, 2002, which denied its motion for summary judgment dismissing the claims of the plaintiff Vescom Systems, Inc., against the labor and material…