Village of New Paltz v. Merlex Contracting, Inc.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered September 16, 2003 in Ulster County, which, inter alia, denied plaintiffs’ motion for partial summary judgment.

Plaintiffs contracted with defendant Merlex Contracting, Inc. *746to renovate a public swimming pool. When Merlex did not meet a revised deadline for completion of the work, plaintiffs informed defendant Insurance Company of the State of Pennsylvania (hereinafter ISOP), which had posted a performance bond for Merlex. In response, ISOP contacted defendant Claims Resolution Company, Inc. (hereinafter CRC) to investigate…