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FIDELITY & DEPOSIT CO. OF MD. v. NEW YORK CITY HOUS. A.

157 F.Supp. 87 (1957)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Caruso-Sturcey Corporation, Arnold Lewis, as Assignee of Caruso-Sturcey Corporation, People of the State of New York and United States of America, Defendants.

United States District Court S. D. New York.

December 4, 1957.

Attorney(s) appearing for the Case

Maurice, McNamee & Dart, New York City, for plaintiff. Stewart Maurice, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, for defendant People of State of New York. Samuel Backlar, Asst. Atty. Gen., of counsel.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City, for the United States. John S. Clark, Asst. U. S. Atty., New York City, of counsel.

DIMOCK, District Judge.

Plaintiff moves for summary judgment.

The suit is one by Fidelity and Deposit Company of Maryland, surety on the bond of Caruso-Sturcey Corporation, a building contractor, to recover the sum of $46,392.51 from defendant New York City Housing Authority, hereinafter referred to as the owner. That sum is the amount equal to the unpaid balance of the contract price for heating and ventilating work that the contractor agreed to do for the...

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