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OTIS ELEVATOR COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY.

No. 98-P-1712.

50 Mass. App. Ct. 712 (2001)

OTIS ELEVATOR COMPANY v. WESTCHESTER FIRE INSURANCE COMPANY & another.

Court of Appeals of Massachusetts, Middlesex.

January 19, 2001.

Attorney(s) appearing for the Case

Scott D. Peterson for the plaintiff.

Conrad J. Bletzer, Jr., for Westchester Fire Insurance Company.

Present: ARMSTRONG, C.J., GILLERMAN, & GELINAS, JJ.

ARMSTRONG, C.J.

Otis Elevator Company (Otis), a subcontractor on a public school construction contract for the town of Ipswich, appeals from a partial final judgment dismissing its action against Westchester Fire Insurance Company (Westchester), the surety for the general contractor, Smith-Grove Construction Company (Smith-Grove). Otis's two-count complaint seeks payment of the amount it claims is owed to it, $29,939.06, from Smith-Grove as the party primarily liable...

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