Michael G. Buck & Son Construction Corp. v. Poncell Construction Co.

Judgment unanimously affirmed with costs. Memorandum: Plaintiff, an excavation subcontractor, commenced this action against, inter alia, the general contractor and its bonding company, alleging breach of the payment terms of the subcontract. Those defendants appeal from a judgment awarding plaintiff the principal sum of $48,557.70 based on Supreme Court’s findings that a contract had been entered into between plaintiff and the general contractor, Poncell Construction Co., Inc. (defendant), that plaintiff had substantially performed its obligations, and that defendant had unreasonably ordered…