Appellate Division of the Supreme Court of the State of New York January 21, 1999 (Serge Elevator Co. v. Manshul Construction Corp.)

—Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered on or about January 27, 1998, awarding plaintiff subcontractor the principal sum of $215,810 from defendant surety, under defendant’s labor and material payment bond, and order, same court and Justice, entered August 28, *4791997, inter alia, granting plaintiffs motion for partial summary judgment upon its cause of action