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STATE BK. OF ALBANY v. DAN-BAR CONTR. CO.

23 Misc.2d 487 (1960)

State Bank of Albany, Plaintiff, v. Dan-Bar Contracting Co., Inc., et al., Defendants. (Action No. 1.) Maryland Casualty Company, as Assignee of F. J. Croissant, Plaintiff, v. Allied Chemical and Dye Corporation (Barrett Division) et al., Defendants. (Action No. 2.) State Bank of Albany, Plaintiff, v. Dan-Bar Contracting Co., Inc., et al., Defendants. (Action No. 3.) F. J. Croissant, Plaintiff, v. Dan-Bar Contracting Co., Inc., et al., Defendants. (Action No. 4.)

Supreme Court, Trial Term, Albany County.

April 1, 1960.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols for State Bank of Albany, plaintiff and defendant. De Graff, Foy, Conway & Holt-Harris for Maryland Casualty Company, plaintiff and defendant, and F. J. Croissant, plaintiff. Louis J. Lefkowitz, Attorney-General (John F. Hmiel of counsel), for State of New York, defendant.

ISADORE BOOKSTEIN, J.

The four above-entitled actions, although not consolidated, were tried together.

The actions involve four separate public improvement contracts awarded to defendant Dan-Bar Contracting Co. Inc., hereinafter referred to as "Contractor". In each instance, the contract was completed by "Contractor" and on each contract there is a balance...

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