EMMETT J. SCHNEPP, J.
This action arises out of the construction of the Wilson Commons Building owned by defendant Dormitory Authority at the University of Rochester. The authority entered into an agreement with the Wager Construction Corp. for the general construction work and Wager subcontracted the masonry work to plaintiff. A labor and material payment bond for the project was executed by Wager as principal and the American Empire, General Reinsurance
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