This decision involved three litigations arising from a public construction project commenced by the NYS Office of General Services (OGS). Parties in each action had moved for summary judgment.

OGS undertook to renovate an Albany, New York building (Project). The “Wicks Law” (General Municipal Law) (GML) (§101), required that OGS hire “multiple prime contractors.” “A” had been hired as the prime contractor for general construction work, including “demolition and the abatement of hazardous materials….” A casualty and surety company (“B”) had posted a payment and performance bond for “A” covering the prime contract. “A” had subcontracted with “C” to perform as asbestos abatement and related work. “C” subcontracted part of its work to “D.” “D” allegedly subcontracted with “E” for “the necessary labor.”