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TRI-CITY ELEC CO v. PEOPLE

96 A.D.2d 146 (1983)

Tri-City Electric Co., Inc., et al., Plaintiffs, v. The People of the State of New York et al., Appellants, and Lake Steel Erection, Inc., et al., Respondents, et al., Defendants

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

November 4, 1983

Attorney(s) appearing for the Case

McClung, Peters, Simon & Arensberg (Susan Weber and Lawrence E. Becker of counsel), for Aetna Casualty & Surety Company and another, appellants.

Robert Abrams, Attorney-General (Richard Dorsey and William J. Kogan of counsel), for State of New York, appellant.

Roy R. Cesar for respondents.

DILLON, P. J., GREEN, O'DONNELL and SCHNEPP, JJ., concur.

CALLAHAN, J.

On October 4, 1972 the State of New York (State) entered into a highway construction contract with Suburban Excavators, Inc. (Suburban) to construct 4.38 miles of the Southern Expressway with bridges and access roads, having a completion date of June 11, 1975. Pursuant to the terms of that contract (DOT No. D 62652) Suburban posted separate performance and payment bonds furnished by the Aetna Casualty...

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