Appellate Division of the Supreme Court of the State of New York May 6, 2002 (Wellets Point Asphalt Corp. v. R.L.I. Insurance)

—In an action to recover on a payment bond, the defendant appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated February 21, 2001, which denied its motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.