Chautauqua County Division of Solid Waste v. Haseley Construction Co.

OPINION OF THE COURT

Joseph Gerace, J.

This is an action by plaintiff, Chautauqua County Division of Solid Waste, to recover on a payment bond issued by defendant, Lumbermens Mutual Casualty Company, guaranteeing payment by Haseley Construction Co., Inc., for labor and materials furnished in connection with a public improvement project. Haseley had a contract with the State of New York to *524remove hazardous waste from a landfill. Lumbermens and the County have both moved for summary judgment.

Although Lumbermens argued in its initial papers that the County had dealt with a different entity,…