Fidelity & Deposit Co. v. New York City Housing Authority

DIMOCK, District Judge.

Plaintiff moves for summary judgment.

The suit is one by Fidelity and Deposit Company of Maryland, surety on the bond of Caruso-Stureey Corporation, a building contractor, to recover the sum of $46,392.51 from defendant New York City Housing Authority, hereinafter referred to as the owner. That sum is the amount equal to the unpaid balance of the contract price for heating and ventilating work that the contractor agreed to do for the owner. Plaintiff, as surety on the contract, paid laborers and materialmen whom the contractor in breach of its contract had failed to pay.…