NOVAK & CO v. TRAV IND CO


85 Misc.2d 957 (1976)

Novak & Co., Inc., Plaintiff, v. Travelers Indemnity Company, Defendant.

Supreme Court, Special Term, Kings County.

March 10, 1976


Attorney(s) appearing for the Case

Tunstead & Schechter for defendant. Kuh, Goldman, Cooperman & Levitt for plaintiff.


FRANK COMPOSTO, J.

In this action upon performance and payment bonds, defendant moves to dismiss the complaint on the grounds: (1) the complaint fails to state a cause of action; (2) the plaintiff's cause of action is barred by the Statute of Limitations, and (3) release.

The New York City Housing Authority contracted with plaintiff for the plumbing work in the construction of one of its housing projects and also contracted with Wilaka Construction...

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