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NORRIS v. DEPEW PAVING CO.

14 A.D.2d 117 (1961)

Richard A. Norris, as Trustee in Bankruptcy of Newjer Contracting Company, Inc., Appellant, v. Depew Paving Company, Inc., et al., Respondents, and Continental Casualty Company, Appellant, et al., Defendant

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

June 30, 1961.

Attorney(s) appearing for the Case

Hyman Karnofsky for Richard A. Norris, appellant.

Andrew Eckel and Donald B. Knight for Continental Casualty Co., appellant.

Mark N. Turner of counsel (Basil R. Piazza and Thomas E. Hagmeir with him on the brief), for respondents.

Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

Per Curiam.

Defendant-appellant Continental Casualty Co., hereinafter called "Surety", wrote performance and payment bonds protecting Depew Paving Company, Inc., hereinafter called "General Contractor", against default on the part of the Newjer Contracting Company, Inc., hereinafter called "Subcontractor". The obligation under the bonds covered the work to be done by the Subcontractor under two road-building contracts...

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