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  5. 49 N.Y.2d 855 (1980)
 

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

49 N.Y.2d 855 (1980)

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

Court of Appeals of the State of New York.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Angelo Massaro for plaintiff-appellant.

Carl E. Mooradian, Corporation Counsel (Bernard Sax of counsel), for defendant-appellant.

Howard L. Meyer and Ralph Cessario for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

International Fidelity Insurance Company was surety for Payload Construction on its contract with the City of Niagara, but its obligation on the bond terminated by agreement with the city on July 10, 1974. It was not until August 27, 1974 that plaintiff contracted with Payload's successor, C.I.C. Enterprises, the surety for which was Summit...

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