TRI-STATE EMPLOYMENT SERVICES v. MOUNTBATTEN SURETY CO., 41 (N.Y. 4-1-2003)

41Court of Appeals of the State of New York.
Decided April 1, 2003.

Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.

Opinion by Chief Judge Kaye.

Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered as follows: In the circumstances presented, under New York law, Tri-State Employment Services, Inc. is not a proper claimant under a labor and materials surety bond.