Appellate Division of the Supreme Court of New York, 1935

Bethlehem Steel Co. v. John J. McMahon, Inc.

Bethlehem Steel Co. v. John J. McMahon, Inc.
Appellate Division of the Supreme Court of New York · Decided December 15, 1935
246 A.D. 704
Bethlehem Steel Co. v. John J. McMahon, Inc.

Opinion of the Court

Action on a bond by which both defendants bound themselves to pay subcontractors and materialmen for “work incidental to ” the general contract and “ materials to be used in the construction ” of Yonkers Health Center Building. Judgment was directed for plaintiff for $7,186.01. Defendant surety company and plaintiff appealed, the latter contending that the judgment should *705be for $13,371.89, the amount demanded in the complaint. Judgment unanimously affirmed, without costs. No opinion. Present — Martin, P. J., Merrell, Townley and Glennon, JJ.

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