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CARROLS EQUITIES CORP. v. VILLNAVE

57 A.D.2d 1044 (1977)

Carrols Equities Corp., Amended to Carrols Development Corporation, Respondent, v. Donald Villnave, Doing Business as Villnave Construction et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 20, 1977

Judgment unanimously modified in accordance with memorandum, and as modified, affirmed, with costs to respondent.

Memorandum:

Plaintiff commenced this breach of contract action against defendants Donald Villnave, a building contractor, and the Insurance Company of North America (INA), as surety on a performance bond, seeking damages for the "differential settlement" of its recently constructed restaurant in Fulton, New York. INA, in turn, cross-claimed against...

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