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WALTER CONCRETE CONST. CORP. v. LEDERLE LABORATORIES

99 N.Y.2d 603 (2003)

788 N.E.2d 609

758 N.Y.S.2d 260

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.

Court of Appeals of the State of New York.

Decided February 20, 2003.

Attorney(s) appearing for the Case

Wolff & Samson, P.A., New York City (Armen Shahinian and Adam P. Friedman of counsel), for third-party defendant-appellant.

Jason & Nesson, LLP, Chestnut Ridge (Jay F. Jason and Charlotte G. Swift of counsel), for defendant and third-party plaintiff-respondent.

Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho (Mark S. Gamell and Brad A. Schlossberg of counsel), for Surety Association of America, amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendant, Fred Holt, Inc., entered into a subcontract with plaintiff, Walter Concrete Construction Corporation, to perform construction work on a building project for defendant Lederle Laboratories. Third-party defendant International Fidelity Insurance Company issued a standard subcontract performance bond for the project, naming Walter as the principal...

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