Town of Poughkeepsie v. Holden Construction Co.

— In an action to recover on performance bonds, defendants Holden Construction Co., Inc. (Holden) and Republic Insurance Company (Republic) separately appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered February 3, 1983, which awarded damages to plaintiff payable by both appellants.

Judgment modified, on the law, by deleting the decretal paragraph designated “(a)” and the other provisions thereof against Holden and the action is severed as to Holden. As so modified, judgment affirmed, with costs to the town payable by Republic, and new trial granted as to Holden…