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TAYLOR & JENNINGS v. BELLINO

57 A.D.2d 42 (1977)

Taylor & Jennings, Inc., Plaintiff, v. Bellino Bros. Construction Co., Inc., Defendant. (Action No. 1.) Bellino Bros. Construction Co., Inc., Appellant, v. Travelers Indemnity Company, Defendant and Third-Party Plaintiff-Respondent; Taylor & Jennings, Inc., et al., Third-Party Defendants-Respondents. (Action No. 2.)

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

April 7, 1977

Attorney(s) appearing for the Case

Scapolito, Solinger & O'Brien (George W. Scapolito of counsel), for appellant.

Hynes & Diamond (Robert J. Gogick and Francis P. Donelan of counsel), for defendant and third-party plaintiff-respondent.

Palmer, Hankin, Peyton & Hanifin for third-party defendants-respondents.

KOREMAN, P. J., SWEENEY, MAIN and HERLIHY, JJ., concur.

GREENBLOTT, J.

Appellant, Bellino Bros. Construction Co., Inc., as contractor on a public works project in the Borough of Naugatuck, Connecticut, entered into a subcontract, dated July 2, 1970, with third-party defendant Taylor & Jennings, Inc., whereby the latter was to construct a portion of a sewer system in Naugatuck. Defendant, the Travelers Indemnity Company, issued a performance bond on the subcontract...

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