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AETNA CAS. & SUR. CO. v. STATE

85 A.D.2d 784 (1981)

Aetna Casualty and Surety Company, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 62186.)

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

December 10, 1981

Suburban Excavators, Inc. (Suburban) entered into two highway construction contracts with defendant New York State's Department of Transportation. Contract No. D 62652 was dated October 23, 1972 and Contract No. D 71306 was dated January 28, 1974. Suburban furnished the State with a performance bond and a labor and material payment bond, as required by section 137 of the State Finance Law. Suburban performed under its contracts...

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