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O'DOWD v. AM. SUR. CO. OF N. Y.

3 N.Y.2d 347 (1957)

Thomas F. O'Dowd, as Surviving Partner of the Copartnership of Thomas O'Dowd and Thomas F. O'Dowd, Doing Business under the Name of O'Dowd Engineering Co., Respondent, v. American Surety Company of New York, Appellant, and Kelvin Engineering Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

David S. Konheim for appellant.

Harry H. Chambers for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur.

FROESSEL, J.

Plaintiff and defendant-respondent are general contractors. They entered into a contract with the New York City Housing Authority (hereinafter called the Authority) to perform certain improvements at the Jacob Riis Houses in New York City. In connection therewith, they procured from appellant insurer's predecessor a liability insurance policy which provided that the insurer would "pay on behalf of...

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