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HORWITZ v. AM. DRUGGISTS' INS. CO.

112 A.D.2d 192 (1985)

Sanford R. Horwitz, Doing Business as Bert's, Respondent, v. American Druggists' Insurance Company, Appellant

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

July 8, 1985

Order affirmed, without costs or disbursements.

Plaintiff, a subcontractor, obtained a default judgment against his contractor for a balance due for the installation of floor coverings in a State-owned facility. Plaintiff now seeks to recover the unsatisfied judgment from defendant as surety pursuant to a payment bond executed by defendant and the contractor. The payment bond provided that it was enforceable pursuant to State Finance Law § 137 (4) (b) which states...

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