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WINDALUME CORP. v. ROGERS & HAGGERTY

36 Misc.2d 1066 (1962)

Windalume Corporation, Plaintiff, v. Rogers & Haggerty, Inc., et al., Defendants. National Surety Corporation, Third-Party Plaintiff, v. Nicholas Falino et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

October 11, 1962

Attorney(s) appearing for the Case

French, Fink & Markle (Fred P. Ellison of counsel), for plaintiff. Maurice, McNamee & White (Charles R. McNamee of counsel), for National Surety Corporation, defendant. De Graff, Foy, Conway & Holt-Harris (Wm. F. Conway of counsel), for Dormitory Authority of State of New York.

PETER A. QUINN, J.

Plaintiff moves to strike the affirmative defense set forth in defendant surety's answer on the ground that it is insufficient in law.

The complaint seeks to recover an alleged balance due for labor performed and materials furnished by plaintiff in the construction of a dormitory building for the Dormitory Authority of the State of New York. Defendant surety has been made a party...

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