Passonno Corp. v. New York State Department of Audit & Control

OPINION OF THE COURT

Edward S. Conway, J.

This is a motion by the defendant New York State Department of Labor for an order for summary judgment for the relief prayed for in the amended answer pursuant to CPLR 3212 upon the ground there is no triable issue of fact.

The action on which the instant motion is predicated arises *661from a contract dated May 5, 1977, between the State of New York, codefendant, and Arch Painting Co., Inc. for the painting of two bridges on Route 418 over the Schroon and Hudson Rivers. Payments were authorized by the Department of Transportation and made by the Department…