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BURRY COLONIAL CORP. v. A. E. OTTAVIANO, INC.

21 Misc.2d 814 (1960)

Burry Colonial Corp., Plaintiff, v. A. E. Ottaviano, Inc., et al., Defendants. In the Matter of A. E. Ottaviano, Inc., Petitioner, v. Burry Colonial Corp., Respondent.

Supreme Court, Special Term, Kings County.

March 10, 1960.

Attorney(s) appearing for the Case

Julius Zizmor for plaintiff.

John B. Gilleran for A. E. Ottaviano, Inc., and others, defendants.

WALTER R. HART, J.

Defendants A. E. Ottaviano, Inc., Fidelity & Deposit Company of Maryland and Standard Accident Insurance Company move to dismiss the complaint for insufficiency.

The action, insofar as it relates to these defendants, seeks recovery on a bond filed by A. E. Ottaviano, Inc., as principal and the other moving defendants as surety, pursuant to section 137 of the State Finance Law, guaranteeing payment of money due to persons...

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