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DANIEL-MORRIS CO. v. GLENS FALLS IND. CO.

308 N.Y. 464 (1955)

Daniel-Morris Co., Inc., Respondent, v. Glens Falls Indemnity Company et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 28, 1955

Attorney(s) appearing for the Case

David S. Konheim for Glens Falls Indemnity Company, appellant.

Leon J. Shapiro and G. A. Shapiro for Big-W Construction Corp., appellant.

Sibyl C. Welling for respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

DYE, J.

In this action to recover on a contractor's payment bond, the defendants have appealed from an order of the Appellate Division, First Department, which modified a judgment of the Supreme Court, New York County, by reversing on the facts and the law so much thereof as had dismissed the plaintiff's complaint against the defendants Glens Falls Indemnity Company and Big-W and ordering a new trial. The appeals...

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