Atkins & Durbrow, Ltd. v. Home Indemnity Co.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered July 7, 1980 in Broome County, upon a verdict rendered at Trial Term (Lee, Jr., J.). Plaintiff sued defendant as surety under a labor and material bond issued by defendant, pursuant to section 137 of the State Finance Law, which guaranteed prompt payment of moneys due persons furnishing labor or materials to Central Development Company (hereinafter Central). Central entered into a public improvement contract with the New York State Department of Transportation to supply peat moss for landscaping along Interstate Route…