Preview
FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
THREE D RIGGING & CONSTRUCTION, INC.,
Plaintiff,
SUMMONS
-against- Index No.
TRAVELERSCASUALTYANDSURETYCOMPANY
OF AMERICA,
Defendant.
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys an
answer to the Complaint in this action within twenty (20) days after the service of this Summons,
exclusive ofthe day of service, or within thirty (30) days after service is complete ifthis Summons is
not personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
Trial is desired in the County of Albany.
The basis ofvenue designated above is that the location ofthe construction project which is the subject
ofthis action is located within the County ofAlbany.
Dated: November 18, 2022
a5-0 I
f
Walter G. Breakell
HINMAN, HOWARD & KATTELL LLP
Attorneysfor Plaintiff
Three D Rigging & Construction, Inc.
Office & P.O. Address
10 Airline Drive
Albany, New York 12205
(518) 869-5552
The original Summons and Complaint was filed in the Albany County Clerk's Office on
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
THREE D RIGGING & CONSTRUCTION, INC.,
Plaintiff,
VERIFIED COMPLAINT
-against- Index No.
TRAVELERSCASUALTYANDSURETYCOMPANY
OF AMERICA,
Defendant.
Plaintiff, Three D Rigging & Construction, Inc. (hereinafter "Three D Rigging"), by its
attorneys, Hinman, Howard & Kattell LLP, for its complaint against the defendant states and alleges
as follows:
1. At all times herein mentioned plaintiff, Three D Rigging, was and still is a domestic
corporation duly organized and existing under the laws of the State of New York with offices for the
principal place ofbusiness located at 542 Rt. 9W, Glenmont, New York 12077.
2. Upon information and belief, defendant, Travelers Casualty and Surety Company of
America (hereinafter "Surety"), was and stillis a corporation authorized to conduct business as a
compensated surety within the State of New York with offices for the principal conduct of business
located at One Tower Square, Hartford, Connecticut 06183.
3. Three D Rigging was a subcontractor to Erection & Welding Contractors LLC, a
subcontractor to A.O.W. Associates, Inc., the General Contractor/Principal on the construction project
known as Albany High School Additions and Renovations Phase 3, Contract No. 19- General
Construction for the City School District ofAlbany, and supplied all labor and materials required.
4. That defendant, Surety, authorized and issued a Labor & Material Payment Bond, the
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FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022
terms of which provided, in part, that subcontractors and materialmen furnishing work, material and
labor for the Albany High School Additions and Renovations Phase 3, Contract No. 19- General
Construction for the City School District ofAlbany and which have not been paid their contract funds
by the Contractor/Principal, A.O.W. Associates, Inc., would then be paid for such services rendered
and materials supplied by the defendant, Surety.
5. That more than ninety (90) days has elapsed since payment has become due plaintiffand
Erection & Welding Contractors LLC, a subcontractor to A.O.W. Associates, Inc., the
Contractor/Principal, has failed and refused to make payment to plaintiff in the sum of Thirty One
Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest, for labor and materials to
furnish and perform stud welding for decking.
6. That Subcontractor, Erection & Welding Contractors LLC, and Contractor\Principal,
A.O.W. Associates, Inc., have failed and refused to make such payment without just cause or reason
and defendant, Surety, has now become obligated under the terms and conditions of its Labor &
Material Payment Bond to make such payment.
7. That plaintiff has fulfilled all of its obligations under its agreement with Erection &
Welding Contractors LLC, subcontractor to A.O.W. Associates, Inc., Contractor/Principal, to be
performed and has fulfilled all of its obligations to become entitled as a claimant beneficiary to
effectuate a claim against defendant's Labor and Material Payment Bond.
8. That plaintifftransmitted formal notice to the Contractor/Principal of such non-payment
within one hundred twenty (120) days oflast fumishment of work and materials.
9. That plaintiff is a defined claimant under the terms and conditions of the defendant's,
Surety's, Labor and Material Payment Bond and one (1) year has not elapsed since the construction
contract was complete.
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10. That the terms and conditions of said bond provided, in part, that if the principal shall
promptly pay all money due to all persons furnishing labor or materials to him or his subcontractor in
the prosecution of the work provided for in said contract, then the Surety obligation shall be void,
otherwise to remain in full force and effect.
11. That plaintiff, as a materialman/subcontractor to Erection & Welding Contractors LLC,
a subcontractor to A.O.W. Associates, Inc., Contractor/Principal, under the Labor and Material
Payment Bond, is a defined beneficiary under the bond and is entitled to payment from defendant,
Surety, due to the failure of Erection & Welding Contractors LLC and A.O.W. Associates, Inc., to
make full and complete payment for plaintiffs labor and materials furnished and delivered in the
prosecution of the work provided in the contract to which the bond was made applicable.
12. That plaintiff is therefore entitled to judgment against defendant, Surety, in the sum of
Thirty One Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest together with
reasonable attorney fees pursuant to Section 137 ofthe State Finance Law.
WHEREFORE, plaintiff demands judgment against defendant, Surety, in the sum of Thirty
One Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest together with reasonable
attorney's fees pursuant to Section 137 of the State Finance Law, together with the costs and
disbursements ofthis action and such other and further relief as the Court deems just and proper.
Dated: November 18, 2022
haG-0. bal. (
Walter G. Breakell
HINMAN, HOWARD & KATTELL LLP
Attorneysfor Plaintiff
Three D Rigging & Construction, Inc.
Office & P.O. Address
10 Airline Drive
Albany, New York 12205
(518) 869-5552
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VERIFICATION
STATE OF NEW YORK}
COUNTY OF ALBANY }ss.:
Nancy J. Digeser, being duly sworn, deposes and says that the deponent is the President of
Three D Rigging & Construction, Inc. the corporation named in the within action; that deponent has
read the foregoing Complaint and knows the contents thereof; and that the same is true to deponent's
own knowledge, except as to those matters therein stated to be alleged upon information and belief,
and as to those matters deponent believes it to be true.
My belief, as to those matters not stated upon knowledge, is based upon the following: the
books and records of the corporation.
Swom to before me this ({
TIMOTHY C THOMAS
NOTARY PUBLIC-STATE OF NEW YOR
No. 01TH6384347
ace.ea Ai+mvG%"?},',ac
My Commission Expires 12
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Preview
FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY THREE D RIGGING & CONSTRUCTION, INC., Plaintiff, SUMMONS -against- Index No. TRAVELERSCASUALTYANDSURETYCOMPANY OF AMERICA, Defendant. To the above named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys an answer to the Complaint in this action within twenty (20) days after the service of this Summons, exclusive ofthe day of service, or within thirty (30) days after service is complete ifthis Summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. Trial is desired in the County of Albany. The basis ofvenue designated above is that the location ofthe construction project which is the subject ofthis action is located within the County ofAlbany. Dated: November 18, 2022 a5-0 I f Walter G. Breakell HINMAN, HOWARD & KATTELL LLP Attorneysfor Plaintiff Three D Rigging & Construction, Inc. Office & P.O. Address 10 Airline Drive Albany, New York 12205 (518) 869-5552 The original Summons and Complaint was filed in the Albany County Clerk's Office on 1 of 5 FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY THREE D RIGGING & CONSTRUCTION, INC., Plaintiff, VERIFIED COMPLAINT -against- Index No. TRAVELERSCASUALTYANDSURETYCOMPANY OF AMERICA, Defendant. Plaintiff, Three D Rigging & Construction, Inc. (hereinafter "Three D Rigging"), by its attorneys, Hinman, Howard & Kattell LLP, for its complaint against the defendant states and alleges as follows: 1. At all times herein mentioned plaintiff, Three D Rigging, was and still is a domestic corporation duly organized and existing under the laws of the State of New York with offices for the principal place ofbusiness located at 542 Rt. 9W, Glenmont, New York 12077. 2. Upon information and belief, defendant, Travelers Casualty and Surety Company of America (hereinafter "Surety"), was and stillis a corporation authorized to conduct business as a compensated surety within the State of New York with offices for the principal conduct of business located at One Tower Square, Hartford, Connecticut 06183. 3. Three D Rigging was a subcontractor to Erection & Welding Contractors LLC, a subcontractor to A.O.W. Associates, Inc., the General Contractor/Principal on the construction project known as Albany High School Additions and Renovations Phase 3, Contract No. 19- General Construction for the City School District ofAlbany, and supplied all labor and materials required. 4. That defendant, Surety, authorized and issued a Labor & Material Payment Bond, the 2 of 5 FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022 terms of which provided, in part, that subcontractors and materialmen furnishing work, material and labor for the Albany High School Additions and Renovations Phase 3, Contract No. 19- General Construction for the City School District ofAlbany and which have not been paid their contract funds by the Contractor/Principal, A.O.W. Associates, Inc., would then be paid for such services rendered and materials supplied by the defendant, Surety. 5. That more than ninety (90) days has elapsed since payment has become due plaintiffand Erection & Welding Contractors LLC, a subcontractor to A.O.W. Associates, Inc., the Contractor/Principal, has failed and refused to make payment to plaintiff in the sum of Thirty One Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest, for labor and materials to furnish and perform stud welding for decking. 6. That Subcontractor, Erection & Welding Contractors LLC, and Contractor\Principal, A.O.W. Associates, Inc., have failed and refused to make such payment without just cause or reason and defendant, Surety, has now become obligated under the terms and conditions of its Labor & Material Payment Bond to make such payment. 7. That plaintiff has fulfilled all of its obligations under its agreement with Erection & Welding Contractors LLC, subcontractor to A.O.W. Associates, Inc., Contractor/Principal, to be performed and has fulfilled all of its obligations to become entitled as a claimant beneficiary to effectuate a claim against defendant's Labor and Material Payment Bond. 8. That plaintifftransmitted formal notice to the Contractor/Principal of such non-payment within one hundred twenty (120) days oflast fumishment of work and materials. 9. That plaintiff is a defined claimant under the terms and conditions of the defendant's, Surety's, Labor and Material Payment Bond and one (1) year has not elapsed since the construction contract was complete. 3 of 5 FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022 10. That the terms and conditions of said bond provided, in part, that if the principal shall promptly pay all money due to all persons furnishing labor or materials to him or his subcontractor in the prosecution of the work provided for in said contract, then the Surety obligation shall be void, otherwise to remain in full force and effect. 11. That plaintiff, as a materialman/subcontractor to Erection & Welding Contractors LLC, a subcontractor to A.O.W. Associates, Inc., Contractor/Principal, under the Labor and Material Payment Bond, is a defined beneficiary under the bond and is entitled to payment from defendant, Surety, due to the failure of Erection & Welding Contractors LLC and A.O.W. Associates, Inc., to make full and complete payment for plaintiffs labor and materials furnished and delivered in the prosecution of the work provided in the contract to which the bond was made applicable. 12. That plaintiff is therefore entitled to judgment against defendant, Surety, in the sum of Thirty One Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest together with reasonable attorney fees pursuant to Section 137 ofthe State Finance Law. WHEREFORE, plaintiff demands judgment against defendant, Surety, in the sum of Thirty One Thousand, Five Hundred Sixty-four ($31,564.00) Dollars plus interest together with reasonable attorney's fees pursuant to Section 137 of the State Finance Law, together with the costs and disbursements ofthis action and such other and further relief as the Court deems just and proper. Dated: November 18, 2022 haG-0. bal. ( Walter G. Breakell HINMAN, HOWARD & KATTELL LLP Attorneysfor Plaintiff Three D Rigging & Construction, Inc. Office & P.O. Address 10 Airline Drive Albany, New York 12205 (518) 869-5552 4 of 5 FILED: ALBANY COUNTY CLERK 11/21/2022 11:15 AM INDEX NO. 908795-22 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/21/2022 VERIFICATION STATE OF NEW YORK} COUNTY OF ALBANY }ss.: Nancy J. Digeser, being duly sworn, deposes and says that the deponent is the President of Three D Rigging & Construction, Inc. the corporation named in the within action; that deponent has read the foregoing Complaint and knows the contents thereof; and that the same is true to deponent's own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. My belief, as to those matters not stated upon knowledge, is based upon the following: the books and records of the corporation. Swom to before me this ({ TIMOTHY C THOMAS NOTARY PUBLIC-STATE OF NEW YOR No. 01TH6384347 ace.ea Ai+mvG%"?},',ac My Commission Expires 12 5 of 5