Murnane Associates, Inc. v. Harrison Garage Parking Corp.

Balio, J. (dissenting in part).

I respectfully dissent in part. I disagree with the majority’s analysis of Davidson Pipe Supply Co. v Wyoming County Indus. Dev. Agency (85 NY2d 281) and with the majority’s conclusion that the construction of the public parking garage was not a public improvement within the meaning of State Finance Law § 137 (1).

Section 137 provides that, in any contract involving the construction of a public improvement, the municipal corporation must require each contractor to post a labor and material payment bond. The purpose of that requirement is to provide "alternative…