PERI FORMWORK SYSTEMS, INC. v. LUMBERMENS MUTUAL CASUALTY COMPANY


65 A.D.3d 533 (2009)

884 N.Y.S.2d 129

PERI FORMWORK SYSTEMS, INC., Appellant-Respondent, v. LUMBERMENS MUTUAL CASUALTY COMPANY et al., Respondents, and ARCH INSURANCE COMPANY et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 4, 2009.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's motion which was for summary judgment on its claims to recover on two bonds filed to discharge its mechanic's liens, and substituting therefor a provision denying that branch of the plaintiff's motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied...

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