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KIPP BROS. v. HARTFORD IND. CO.

63 Misc.2d 788 (1970)

Kipp Brothers, Inc., Plaintiff, v. Hartford Accident & Indemnity Company, Defendant.

Supreme Court, Westchester County.

August 28, 1970

Attorney(s) appearing for the Case

Dempsey Spring O'Keefe & Florence for plaintiff. Gilleran & Bland for defendant.

JOHN C. MARBACH, J.

This is a motion for summary judgment pursuant to CPLR 3213 on the grounds that a labor and material bond executed by defendant as surety is an instrument for the payment of money only within the scope of CPLR 3213. There is a cross motion by defendant to dismiss the action as prematurely brought on the grounds that plaintiff has failed to comply with subdivision 3 of section 137 of the...

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