Gross Construction Associates, Inc. v. Nagori Corp.

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Joseph, J.), dated June 15, 1999, which, upon an order of the same court dated May 6, 1999, granting the motion of the defendant Vigilant Insurance Co. for summary judgment dismissing the complaint insofar as asserted against it, dismissed the complaint insofar as asserted against that defendant.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly found that the plaintiff was not a claimant under the terms of the payment bond…