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TOWN BD. OF FALLSBURGH v. NAT'L SUR.

53 Misc.2d 23 (1967)

Town Board of the Town of Fallsburgh, Acting for and on Behalf of the Fallsburgh Park District of the Town of Fallsburgh, Plaintiff, v. National Surety Corporation et al., Defendants. National Surety Corporation, Third-Party Plaintiff, v. Ivan Strauss et al., Doing Business as S & S Construction Company, et al., Third-Party Defendants.

Supreme Court, Special Term, Sullivan County.

January 30, 1967

Attorney(s) appearing for the Case

Levine & Levine for plaintiff. Jarvis, Pilz & Norton for National Surety Corporation, defendant and third-party plaintiff. Wiess & Costa for Ivan Strauss and others, defendants and third-party defendants.

LAWRENCE H. COOKE, J.

In this action in which the amended complaint contains two causes of action, one asserted against defendant National Surety Corporation for $165,813.77 based on a performance bond issued by it in relation to a contract dated October 14, 1958 between plaintiff and A. J. Cevasco Construction Corp., and the other against defendants Strauss and Shapiro for $150,813.77 and against defendant the Fidelity and Casualty Company of New York...

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