People v. Caldwell-Garvan & Bertini, Inc.

The plaintiff, The People of the State of New York, moves for an order striking out the affirmative defense set forth in defendants’ answer, on the ground that it does not state facts sufficient to constitute a cause of action.

It is alleged in the complaint that plaintiff entered into a contract with defendant Caldwell-Garvan and Bertini, Inc., under date of April 26, 1934, whereby the contractor agreed to construct certain buildings for the State at the agreed price of $55,913. The defendant Continental Casualty Company furnished plaintiff a bond to secure the performance of the said…