Tri-State Environmental Contracting, Inc. v. PT&L Contracting Corp.

Judgment, Supreme Court, New York County (Charles Ramos, J.), entered June 4, 2003, dismissing the complaint pursuant to an order which granted defendants prime contractor’s and payment bond surety’s motion to dismiss plaintiff subcontractor’s complaint on the basis of documentary evidence, unanimously affirmed, with costs.

Plaintiff alleges that it performed work and provided materials at the job site between January 12, 2000 and May 7, 2001, submitted invoices totaling $1,145,325.14 between February 7, 2000 and May 15, 2001, and that a balance of $297,693.54 remains due on its invoices. The…