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KELLETT'S WELL BORING, INC. v. CITY OF NEW YORK

292 A.D.2d 179 (2002)

739 N.Y.S.2d 136

KELLETT'S WELL BORING, INC., Respondent, v. CITY OF NEW YORK, Respondent, and PETOSA BROTHERS, INC., et al., Appellants. (Action No. 1.) TECHNO CONSTRUCTION CORPORATION, Petitioner, v. COMPTROLLER OF THE CITY OF NEW YORK et al., Respondents. (Action No. 2.) In the Matter of COMPTROLLER OF THE CITY OF NEW YORK et al., Petitioners, v. KELLETT'S WELL BORING, INC., Appellant-Respondent, and SEABOARD SURETY COMPANY et al., Respondents-Appellants, et al., Respondents.

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

Decided March 7, 2002.

In Action No. 1, defendant, Petosa Brothers, Inc. (hereinafter Petosa), as general contractor, entered into various public improvement contracts with defendant, City of New York (hereinafter the City). St. Paul Fire and Marine Insurance Company, Seaboard Surety Company and United States Fidelity & Guaranty (hereinafter St. Paul, Seaboard, and USF&G, respectively, or the sureties, collectively), issued Petosa performance, labor and material and payment bonds with respect...

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