Order and judgment modified, on the law and and the facts, by deleting from the amount awarded the sum of $8,584, representing delay damages. As so modified, order and judgment affirmed, without costs or disbursements, and action remanded to Special Term for entry of an appropriate amended order and judgment.
It is fundamental that a surety's liability on a contractor's payment bond is limited to the liability of the contractor. In the underlying agreement between...
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