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INGALLS IRON WORKS CO. v. GOLDEN

32 Misc.2d 426 (1961)

Ingalls Iron Works Company, Inc., Plaintiff, v. Rosemary D. Golden et al., Individually and as Copartners Doing Business under the Name of R. D. Golden, et al., Defendants.

Supreme Court, Special Term, New York County.

November 17, 1961

Attorney(s) appearing for the Case

Lotterman & Weiser (Joseph Lotterman of counsel), for plaintiff. Samuel Gottesman and Gerald M. Smith for Peerless Insurance Company, defendant.

OWEN McGIVERN, J.

This is a motion by plaintiff for summary judgment. Defendant Golden received a contract from the State of New York on March 11, 1960 for the reconstruction of a State highway in the County of Essex.

As a condition precedent to said award the said defendant and defendant Peerless Insurance Company filed a surety bond under section 137 of the State Finance Law, guaranteeing prompt payment of all moneys due to all persons supplying...

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