5 Star Builders, Inc. v. Novel Iron Works, Inc.

Appellate Division of the Supreme Court of New York

5 Star Builders, Inc. v. Novel Iron Works, Inc.

268 A.D.2d 332, 702 N.Y.S.2d 40

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 2000

StatusPublished

This text of 268 A.D.2d 332 (5 Star Builders, Inc. v. Novel Iron Works, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

5 Star Builders, Inc. v. Novel Iron Works, Inc., 268 A.D.2d 332, 702 N.Y.S.2d 40 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 20, 1999, which denied the motion of defendant-appellant Aetna Casualty & [333]*333Surety Company (Aetna), for summary judgment dismissing the cross claim of defendant and third-party plaintiff AAF-McQuay Inc. (McQuay), unanimously reversed, on the law, without costs, the motion granted and the cross claim dismissed.

It is undisputed that McQuay manufactured fan coils specifically for the project covered by the bond, that the coils were never delivered, and that since manufacture, the fan coils were held in a rigger’s yard in Brooklyn, while the project was in the Bronx. By its terms, the bond does not apply to undelivered materials. Only materials used “at or in the vicinity of’ the job site are covered by the bond (see, Maryland Cas. Co. v Board of Water Commrs., 66 F2d 730, cert denied 290 US 702). Therefore, the IAS Court erred in denying summary judgment. Concur— Sullivan, J. P., Williams, Wallach, Lerner and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 20, 1999, which denied the motion of defendant-appellant Aetna Casualty & [333]*333Surety Company (Aetna), for summary judgment dismissing the cross claim of defendant and third-party plaintiff AAF-McQuay Inc. (McQuay), unanimously reversed, on the law, without costs, the motion granted and the cross claim dismissed.

It is undisputed that McQuay manufactured fan coils specifically for the project covered by the bond, that the coils were never delivered, and that since manufacture, the fan coils were held in a rigger’s yard in Brooklyn, while the project was in the Bronx. By its terms, the bond does not apply to undelivered materials. Only materials used “at or in the vicinity of’ the job site are covered by the bond (see, Maryland Cas. Co. v Board of Water Commrs., 66 F2d 730, cert denied 290 US 702). Therefore, the IAS Court erred in denying summary judgment. Concur— Sullivan, J. P., Williams, Wallach, Lerner and Saxe, JJ.

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Bluebook (online)

268 A.D.2d 332, 702 N.Y.S.2d 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/5-star-builders-inc-v-novel-iron-works-inc-nyappdiv-2000.