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MATTER OF FID. & DEPOSIT CO. OF MARYLAND

75 A.D.2d 707 (1980)

In the Matter of Fidelity and Deposit Company of Maryland, Respondent. >Davis Refrigeration Co., Appellant; Delaware Suites, Inc., Respondent

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

April 8, 1980

Order unanimously affirmed, with costs.

Memorandum:

Appellant performed services and supplied material for the improvement of real property owned by Delaware Suites, Inc. Claiming an unpaid bill therefor, it filed a mechanic's lien against the property which was subsequently discharged upon condition that a bond be posted to secure the debt. Respondent, Fidelity and Deposit Company of Maryland, supplied the bond. More than a year has elapsed and the lien has...

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