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SUFFOLK RDWYS v. HANOVER INS

85 Misc.2d 1037 (1976)

Suffolk Roadways, Inc., Respondent, v. Hanover Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

January 28, 1976

Attorney(s) appearing for the Case

Reilly, Like & Schneider (Richard P. Weber of counsel), for appellant. Joseph A. Byrne, Jr., and John M. Cunneen for respondent.

Concur: MARKOWITZ, P. J., TIERNEY and RICCOBONO, J J.

Per Curiam:

Plaintiff Suffolk Roadway, Incorporated and the Suffolk County Water Authority had a road repair contract for which defendant issued a performance bond. After completion of the work a dispute arose as to the compensation owed plaintiff. On June 24, 1963, defendant as plaintiff's surety under its performance bond, made a contract with the authority under which the authority deposited $52,708.35 with defendant...

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