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WALTER CONCRETE CONSTRUCTION CORP. v. LEDERLE LABORATORIES

288 A.D.2d 377 (2001)

734 N.Y.S.2d 80

WALTER CONCRETE CONSTRUCTION CORP., Plaintiff, v. LEDERLE LABORATORIES et al., Defendants, and FRED L. HOLT, INC., Defendant and Third-Party Plaintiff-Respondent. INTERNATIONAL FIDELITY INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided November 19, 2001.

Ordered that the judgment is affirmed, with costs.

The defendant third-party plaintiff, Fred L. Holt, Inc. (hereinafter Holt), entered into a subcontract with the plaintiff to perform construction work on a building project for the defendant Lederle Laboratories. The third-party defendant, International Fidelity Insurance Company (hereinafter International), issued a performance bond for the project, naming the plaintiff as the principal and Holt as the obligee.<...

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