BENINATI ROOFING & SHEET METAL CO., INC. v. GELCO BUILDERS, INC.


279 A.D.2d 412 (2001)

720 N.Y.S.2d 37

BENINATI ROOFING & SHEET METAL CO., INC., Respondent, v. GELCO BUILDERS, INC., et al., Defendants, and HOME INDEMNITY COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 25, 2001.


Although defendant surety maintains that the services of plaintiff subcontractor to meet the specifications of a change order issued in connection with the underlying construction contract between defendant contractor Gelco and the New York City Transit Authority were not fairly within the contemplation of the parties at the time the original underlying contract was made and, thus, were not services for which it was obligated as surety under its payment bond, it is clear...

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