Ordered that the order is modified, by deleting the provision thereof which granted the defendants' motion and substituting therefor a provision denying the defendants' motion; as so modified, the order is affirmed, with costs to the plaintiff.
The plaintiff commenced this action against the named principal and the surety's purported successor on a labor and payment bond to recover $30,728 allegedly due on a subcontract pertaining to a construction project known as...
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