Defendants Bero Construction Corp. and American Surety Company of New York move for dismissal of the complaint, pursuant to subdivision 4 of rule 106 and subdivision 7 of rule 107 of the Rules of Civil Practice.
Plaintiff had supplied petroleum products to the defendant S. J. Pitts Hauling Co., Inc., and in a first cause of action seeks the recovery of the unpaid balance of the purchase price. That defendant was a subcontractor...
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