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SAW MILL SUPPLY v. HARTFORD ACC. & IND. CO.

11 Misc.2d 886 (1958)

Saw Mill Supply, Inc., Respondent, v. Hartford Accident & Indemnity Co., et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 30, 1958.

Attorney(s) appearing for the Case

Charles J. Costabell for appellants.

Walter E. Godfrey for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

The services of the plaintiff carrier to the subcontractor were not labor or material within the meaning of the bond furnished by the defendants to the Massachusetts Turnpike Authority. (Troy Public Works Co. v. City of Yonkers, 207 N.Y. 81; Gates & Co. v. Stevens Constr. Co., 169 App. Div. 221.)

Further, the prime contract upon which plaintiff relies was made in Massachusetts and calls for performance in that State; therefore...

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