It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking sums due on a subcontract with defendant Dave Staviski, doing business as Chemung Valley Acoustical & Partition, who claimed an inability to pay plaintiff because he had not been paid by either the general contractor, who declared bankruptcy, or the surety, defendant Colonial Surety Company...
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