Appellate Division of the Supreme Court of the State of New York December 31, 2009, Claim No. 108940 (Kemper Insurance Companies v. State)

OPINION OF THE COURT

Garry, J.

In March 2000, Haseley Construction entered into a contract with defendant to reconstruct part of a roadway in the Town of Niagara, Niagara County (hereinafter the Military Road Project). Claimant, as Haseley’s surety, provided performance and payment bonds for the Military Road Project on which Haseley was named as the principal and defendant was named as obligee.