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HARTFORD ACC. & IND. CO. v. KRANZ

7 A.D.2d 604 (1959)

Hartford Accident & Indemnity Company, Appellant, v. Maxim Kranz et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 29, 1959.

Attorney(s) appearing for the Case

William E. J. Connor, Morris Millman and John G. Connor for appellant.

Ainsworth, Sullivan, Tracy & Knauf (William J. Murphy and Charles B. Sullivan of counsel), for Maxim Kranz, respondent.

Halter & Sullivan for Samuel Leto, respondent.

FOSTER, P. J., BERGAN, COON and REYNOLDS, JJ., concur.

HERLIHY, J.

In June, 1955, the defendant Kranz was awarded a State contract for the construction of 8.71 miles of public highway from Redwood to the St. Lawrence County line. He thereafter agreed with the defendant Leto for excavation and drainage work amounting to approximately $300,000 providing he (Leto) obtained a surety bond. An application was made to the Albany office of the plaintiff insurance company...

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