Bethlehem Steel Co. v. John J. McMahon, Inc.

Majority

p. 704

Bethlehem Steel Company, Appellant-Respondent, v. John J. McMahon, Inc., Defendant, Impleaded with The Ætna Casualty and Surety Company, Respondent-Appellant.

Action on a bond by which both defendants bound themselves to pay subcontractors and materialmen for “work incidental to ” the general contract and “ materials to be used in the construction ” of Yonkers Health Center Building. Judgment was directed for plaintiff for $7,186.01. Defendant surety company and plaintiff appealed, the latter contending that the judgment should

p. 705

be for $13,371.89, the amount demanded in the complaint. Judgment unanimously affirmed, without costs. No opinion. Present — Martin, P. J., Merrell, Townley and Glennon, JJ.