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CARPENTER'S BACKHOE & DOZER SERV., INC. v. DEWITTSBURG HOUS. DEV. FUND CORP.

66 A.D.2d 916 (1978)

Carpenter's Backhoe & Dozer Service, Inc., Respondent, v. Dewittsburg Housing Development Fund Corp. et al., Appellants, et al., Defendants

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

December 7, 1978

On November 22, 1971, appellant Dewittsburg Housing Development Fund Corporation (hereinafter Dewittsburg) contracted with Clay Development Corporation (hereinafter Clay) for the construction of 212 townhouse apartments upon certain realty owned by Dewittsburg in Elmira, New York. As surety for Clay, appellant Travelers Indemnity Company (hereinafter Travelers) issued a performance bond wherein it agreed to fully indemnify Dewittsburg...

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