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EFCO CORP. v. LIBERTY MUT. INS. CO.

No. 600146/07, Motions Seq. No. 002., 003

2009 NY Slip Op 31551 (U)

EFCO CORP., Plaintiff, v. LIBERTY MUTUAL INSURANCE CO., GRAYSTONE CONSTRUCTION CORP., and TWO STAR ASSOCIATES, INC., Defendants.

Supreme Court, New York County.

July 9, 2009.

DECISION

BARBARA R. KAPNICK, Judge.

Motion sequence numbers 002 and 003 are consolidated for disposition.

In this breach of contract action, plaintiff EFCO Corp., ("EFCO"), a material supplier, moves (under motion sequence number 002) pursuant to CPLR § 3212 for summary judgment on its claim against defendant Liberty Mutual Insurance Co., ("Liberty Mutual"), the surety under a labor and material payments bond (the "payment bond"), seeking recovery...

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