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

23 A.D.2d 250 (1965)

General Crushed Stone Company, Appellant, v. State of New York et al., Respondents. (Action No. 1.) General Crushed Stone Company, Appellant, v. State of New York et al., Respondents. (Action No. 2.)

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

May 28, 1965.

Attorney(s) appearing for the Case

McClung, Peters & Simon (Homer E. Peters of counsel), for appellant.

Mackenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for Newark Insurance Company, respondent.

Louis J. Lefkowitz, Attorney-General (Paxton Blair of counsel), for State of New York, respondent.

Charles H. McCarthy for Central New York Contracting Co., Inc., respondent.

HERLIHY and REYNOLDS, JJ., concur with AULISI, J.; GIBSON, P. J., and TAYLOR, J., dissent and vote to affirm in an opinion.

AULISI, J.

The plaintiff, General Crushed Stone Company, hereinafter called "General", appeals from those parts of the judgments which dismissed its actions against the Newark Insurance Company (Newark) for deficiency judgments on two labor and materials bonds.

The trial court in a comprehensive decision found that General, the materialman, improperly conspired...

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