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TERRY CONTR. v. LEVITT

54 A.D.2d 1 (1976)

In the Matter of Terry Contracting, Inc., et al., Appellants, v. Arthur Levitt, as Comptroller of The State of New York, Respondent and ROYAL STATE BANK OF NEW YORK, Respondent

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

August 5, 1976

Attorney(s) appearing for the Case

Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky (Julius L. Shapira of counsel), for appellants.

Shea, Gould, Climenko, Kramer & Casey (Miles F. McDonald, James J.A. Gallagher and Ronald F. Saverin of counsel), for Royal State Bank of New York, respondent.

SWEENEY and MAIN, JJ., concur with GREENBLOTT, J.P.: HERLIHY and REYNOLDS, JJ., dissent and vote to affirm in an opinion by REYNOLDS, J.

GREENBLOTT, J.P.

Petitioner Aetna Casualty and Surety Company (Aetna) issued a performance bond on behalf of Terry Contracting, Inc. (Terry) to the State of New York, in connection with a contract entered into between Terry and the State on March 19, 1959 for the construction of a portion of Prospect Expressway, Fort Hamilton Parkway Interchange, for the benefit of those performing labor for the project and supplying...

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