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HUBER LATHING CORP. v. AETNA CAS. & SUR. CO.

132 A.D.2d 597 (1987)

Huber Lathing Corp., Respondent, v. Aetna Casualty and Surety Company, Appellant

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

July 13, 1987

Ordered that the judgment is reversed, on the law, with costs, the order dated April 2, 1986 is reinstated, and the motion to reargue denied.

In the case at bar the plaintiff was hired by PRV Concrete Corp. (hereinafter PRV) to perform certain work on a sewage project. PRV was a subcontractor for the general contractor who took out a payment bond with the defendant Aetna Casualty and Surety Company. Pursuant to the contract...

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