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GEN. CRUSHED STONE v. STATE OF N. Y.

46 Misc.2d 266 (1963)

General Crushed Stone Company, Plaintiff, v. State of New York et al., Defendants. (Two Actions.)

Supreme Court, Albany County.

June 1, 1963

Attorney(s) appearing for the Case

McClung, Peters & Simon (Homer E. Peters, George M. Simon and Thomas F. Burke of counsel), for plaintiff. Charles H. McCarthy for Central New York Contracting Co., Inc., defendant. Mackenzie, Smith, Lewis, Michell & Hughes (Francis D. McCurn, Neal P. McCurn and John F. Lawton of counsel), for Newark Insurance Company, defendant.

HARRY E. SCHIRICK, J.

Central New York Contracting Co., Inc., hereinafter called "Central," was the successful bidder upon two State highway improvement contracts. These have been referred to as the "Wayne County job" and the "Cayuga County job" respectively. Surety bonds for the contractor's performance and payment of materialmen were written by Newark Insurance Company (Newark). The bituminous materials for...

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