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METRO. STEEL INDUS., INC. v. FID. & DEPOSIT CO. OF MARYLAND

68 A.D.2d 935 (1979)

Metropolitan Steel Industries, Inc., Appellant-Respondent, v. Fidelity & Deposit Company of Maryland, Respondent-Appellant

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

March 26, 1979

Judgment affirmed, with one bill of costs to the defendant.

Plaintiff Metropolitan Steel Industries, Inc. was a subcontractor for Carbar Construction Corporation and V.C. Vitanza & Son (hereinafter Carbar-Vitanza), joint venturers in the construction of a new student center at Kingsborough Community College. The defendant Fidelity & Deposit Company of Maryland was the surety on a labor and material payment bond posted in connection therewith. Because of various...

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