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  5. 176 A.D.2d 1177 (1991)
 

MATTER OF RIGGI

176 A.D.2d 1177 (1991)

In the Matter of the Arbitration between Vincent T. Riggi Jr., Appellant, and Wade Lupe Construction Company, Inc., Respondent. (Case No. 1.) Capitaland Heating & Cooling, Inc., Plaintiff, v. Employers Insurance of Wausau, Defendant and Third-Party Plaintiff. Vincent T. Riggi Jr., Third-Party Defendant and Fourth-Party Plaintiff-Appellant; Wade Lupe Construction Company, Inc., Fourth-Party Defendant-Respondent. (Case No. 2)

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

October 31, 1991

Mercure, J.

During December 1985, Vincent T. Riggi Jr. entered into a contract with Wade Lupe Construction Company, Inc. (hereinafter Lupe), a contractor, for the renovation and conversion of the Hinckel Brewery in the City of Albany into residential apartments. Pursuant to the terms of the contract, Lupe, as principal, and Employers Insurance of Wausau (hereinafter Wausau), as surety, issued to Riggi a labor and material payment bond and a performance...

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