Ordered that the judgment is reversed, as a matter of discretion, and a new trial on the issue of damages is granted before a different Referee, with costs to abide the event.
The plaintiff, Tri-State Sol-Aire Corp., is a heating, ventilating and air conditioning subcontractor. It commenced the instant action to recover damages from the defendant, United States Fidelity & Guaranty Company, the surety which had issued a labor and materialman's payment bond to the...
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