Greenwich Excavating & Construction, Inc. v. Mark J. MacDonald Plumbing & Heating, Inc.

Appeal from an order of the Supreme Court (Dawson, J.), entered January 4, 2005 in Essex County, which denied plaintiffs motion for summary judgment and granted a cross motion by defendant RLI Insurance Company for summary judgment dismissing the complaint against it.

Defendant Mark J. MacDonald Plumbing & Heating, Inc. (hereinafter MacDonald), the general contractor on a public improvement contract with defendant Keene Central School District (hereinafter KCSD), hired plaintiff as a subcontractor. After performing the subcontract, plaintiff claimed that it had not been paid and filed a lien…