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NORTHWAY ENG'G, INC. v. HIGHLAND RET. CTR.

101 A.D.2d 641 (1984)

Northway Engineering, Inc., Respondent, v. Highland Retirement Center et al., Appellants, et al., Defendants. (Action No. 1.) Northway Engineering, Inc., Plaintiff, v. Peerless Insurance Company et al., Defendants. (Action No. 2.) Northway Engineering, Inc., Respondent, v. Peerless Insurance Company et al., Appellants. (Action No. 3.)

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

April 12, 1984

¶ Defendants in action No. 3, a suit commenced in 1979 to recover upon a $130,000 bond filed pursuant to section 37 of the Lien Law, are the surety, Peerless Insurance Company (Peerless), the general construction contractor, Scotia 50 Ventures, Inc. (Scotia 50), and the owner, Highland Retirement Center (Highland), of a nursing home for which plaintiff subcontracted to supply necessary mechanical, plumbing and heating work. The aggregate amount due plaintiff under the...

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