Appellate Division of the Supreme Court of the State of New York November 13, 2000 (C.S. Behler, Inc. v. Daly & Zilch, Inc.)

—Order insofar as appealed from unanimously reversed on the law without costs, cross motion denied, complaint reinstated, motion granted in part and judgment ordered in accordance with the following Memorandum: Plaintiff commenced this action seeking to recoup $28,399.05 on the bond that discharged its mechanic’s lien. Defendant Walter & SCI Construction (USA), Inc.