CAPITOL REFRIGERATION CO., INC. v. MASSACHUSETTS BONDING & INS. CO.


19 A.D.2d 667 (1963)

Capitol Refrigeration Co., Inc., Respondent, v. Massachusetts Bonding and Insurance Company et al., Appellants

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

June 27, 1963


In support of its motion, plaintiff submitted, with its moving affidavit, copies of the subcontract, the bond sued upon, the notice of claim served upon defendant surety and the latter's acknowledgment thereof, together with a photograph of the completed installation (and proof that the installation has been in continuous use since the motel opened for business) and an excerpt from the verified statement made by the general contractor to the owner (and filed in the general...

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