Order entered December 8, 1967, denying defendants' motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and motion granted.
Plaintiff as assignee, sues on a labor and material payment bond. The material and labor were supplied to a subcontractor who is not one of the moving parties. In order to sue, plaintiff's assignor, having no contractual relationship with the general contractor, must have given written...
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