Century Cement Manufacturing Co. v. Fiore

Respondent, surety in a “ labor and material ” bond for the defendant Luciano, in connection with his contract with the State of New York to construct a highway in Washington county, has taken summary judgment as permitted by an order of the Albany Special Term directing the Comptroller to pay over $3,778.63 with accrued interest to reimburse in part the surety for amounts paid to sixteen lienors who furnished labor and material used in the construction of the highway. The claim is that under the “ labor and material ” bond the surety takes priority over the assignment to appellant Hannibal…