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RYAN-DE WITT CORP. v. POIRIER & McLANE

13 Misc.2d 683 (1958)

Ryan-De Witt Corp., v. Poirier & McLane Corp. et al., Defendants.

Supreme Court, Genesee County.

September 10, 1958.

Attorney(s) appearing for the Case

Frank J. Warner for plaintiff.

McClung, Peters & Simon for Massachusetts Bonding and Insurance Company and others, defendants.

Louis J. Lefkowitz, Attorney-General, for the People of the State of New York, defendant.

Andrew Eckel for Continental Casualty Company, defendant.

Hyman Karnofsky for Newjer Contracting Co., Inc. and another, defendants.

Arnold Weiss for Norman H. McLain, doing business as Norton Pile Driving Co., defendant.

MATTHEW J. JASEN, J.

By this motion the plaintiff seeks summary judgment against the defendant Continental Casualty Company upon the third cause of action in its complaint.

Plaintiff is a materialman which furnished gasoline and oil to the defendant Newjer Contracting Co., Inc., for its use in performing a subcontract for defendant Poirier & McLane Corp. The latter defendant was engaged in a prime...

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