People v. Westchester Colprovia Corp.

Appeal by plaintiff from an order of Supreme Court, Special Term, Albany County, which denied plaintiff’s motion for an order striking out the answer of defendant and directing the entry of sum*725mary judgment in favor of plaintiff, or in the alternative, for an order granting judgment on the pleadings in favor of plaintiff, or in the alternative, for an order striking out the defenses contained in the answer as insufficient in law. Defendant, Westchester Colprovia Corporation, had a contract with the plaintiff, State of New York, to treat a certain concrete highway. A performance bond was…