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  5. 69 A.D.2d 989 (1979)
 

HERBERT F. DARLING, INC. v. CITY OF NIAGARA FALLS

69 A.D.2d 989 (1979)

Herbert F. Darling, Inc., Respondent, v. City of Niagara Falls et al., Respondents, and International Fidelity Insurance Company, Appellant, et al., Defendants

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

April 6, 1979

Order unanimously reversed, with costs, motion granted and complaint dismissed.

Memorandum:

Defendant International Fidelity Insurance Company appeals from an order denying its motion for summary judgment. Plaintiff, a subcontractor of defendant C. I. C. Enterprises, Inc., commenced this action against defendants Payload Construction Corp., International Fidelity Insurance Company, Summit Insurance Company of New York, C. I. C. Enterprises, Inc., the City...

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