Appellate Division of the Supreme Court of the State of New York June 29, 1998 (QDR Consultants & Development Corp. v. Colonia Insurance)

—In an action to recover upon a labor and material payment bond, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated April 29, 1997, as denied that branch of its motion which was for summary judgment, and the defendant cross-appeals, as limited by its brief, from so much of the order as failed to search the record and thereupon grant summary