E. W. HOFFMANN, INC. v. AETNA CAS. & SUR. CO.


48 A.D.2d 695 (1975)

E. W. Hoffmann, Inc., Respondent, v. Aetna Casualty & Surety Company et al., Appellants

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

May 27, 1975


Judgment reversed and order reversed insofar as reviewed, with one bill of $20 costs and disbursements, and cross motion denied.

The language of the agreement in question provides that payment of the agreed contract price shall be "in accordance with Section 5 hereof." Section 5, in turn, provides that the contractor agrees to pay the subcontractor, "upon the payment of certificates * * * the amount allowed to the Contractor...

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