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TRANE CO. v. ROBINSON CONSTR.

61 A.D.2d 360 (1978)

Trane Co., Appellant, v. N. Robinson Construction, Inc., et al., Defendants; 219 East State Street Hotel Property, Inc., Respondent. Fidelity and Deposit Co. of Maryland, Respondent and Third-Party Plaintiff; John A. Brooke, Respondent and Third-Party Defendant

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

February 23, 1978

Attorney(s) appearing for the Case

Edward W. King for appellant.

Brown, Kelly, Turner, Hassett & Leach (Frederick D. Turner of counsel), for Fidelity and Deposit Co. of Maryland and another, respondents.

Adams, Theisen & Ward (Henry W. Theisen of counsel), for John A. Brooke, respondent.

KANE, LARKIN, MIKOLL and HERLIHY, JJ., concur.

GREENBLOTT, J. P.

Plaintiff seeks to recover damages for sums owing under a contract to deliver air-conditioning equipment for use in a Holiday Inn under construction in Tompkins County. Plaintiff contracted directly with defendant M.F.J. Construction Company (MFJ), a subcontractor, but before delivery plaintiff assured itself of the existence of a payment bond and obtained the prime contractor's written guarantee...

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