Hartford Fire Insurance v. Edgewater Construction Co.

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered August 6, 2004 in an indemnity action. The order denied plaintiffs motion for summary judgment against defendants Edgewater Construction Co., Inc., W. Gary Craig and Thomas R. Kennedy.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and as modified the order is affirmed without costs, and judgment is ordered in accordance with the *1313following memorandum: Plaintiff, as surety, provided defendant Edgewater…