CERTIFIED IND. v. ROYAL IND. CO.


43 Misc.2d 761 (1964)

Certified Industries Inc., Plaintiff, v. Royal Indemnity Company et al., Defendants and Third-Party Plaintiffs; Major Concrete Co., Inc., Third-Party Defendant.

Supreme Court, Special Term, New York County.

July 14, 1964


Attorney(s) appearing for the Case

Geist, Netter & Marks for plaintiff. Zimmerman & Popper for defendants and third-party plaintiffs.


JACOB MARKOWITZ, J.

Plaintiff, a materialman, moves for summary judgment against the general contractor and its surety, for moneys due it for materials delivered pursuant to a contract between it and one of the general contractor's subcontractors. The general contractor is the principal on a payment bond issued by the surety, an insurance company. The payment bond states that obligations thereunder shall remain in force "if the Principal, his or its representatives...

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