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CALLANAN INDUS., INC. v. POLYPHASE CONTRACTING CORP.

49 A.D.2d 652 (1975)

Callanan Industries, Inc., Plaintiff, v. Polyphase Contracting Corp., Respondent; State University Construction Fund, Defendant, and Continental Insurance Company, Appellant

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

July 10, 1975

Order, Supreme Court, Ulster County, entered on November 27, 1974, affirmed, with costs, on the opinion of Larkin, J., at Special Term.

Kane, J. (dissenting).

Plaintiff's default judgment was entered against Polyphase Contracting Corp. and defendant's surety, appellant herein, the Continental Insurance Company. Although well aware of plaintiff's efforts to enforce that judgment and Continental's inclination to

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