Town of Nassau v. Westchester Fire Insurance

Appeal from an order of the Supreme Court (Canfield, J.), entered December 10, 1999 in Rensselaer County, which granted plaintiffs motion to dismiss defendant’s counterclaim and denied defendant’s cross motion to compel discovery.

By summons and complaint dated March 22, 1993, plaintiff instituted this action against defendant, as the compensated surety, to compel the completion of construction of a salt/sand storage shed after the contractor had defaulted. Defendant fulfilled its responsibilities by completing the project and, on October 15, 1993, submitted a certificate for payment to…