Town of Esopus v. Brinnier & Larios, P. C.

— Mikoll, J.

Appeal from an order of the Supreme Court (Torraca, J.), entered January 8, 1987 in Ulster County, which granted defendant Continental Casualty Company’s motion for summary judgment dismissing the complaint and cross claims against it and denied a cross motion by plaintiff Town of Esopus for summary judgment.

Plaintiffs, Port Ewen Sewer District and the Town of Esopus, entered into a contract with defendant Ayvee Construction Company, Inc., in December 1977 for the construction of a sewer collection system. Defendant Continental Casualty Company issued a performance bond as surety…