CENT. SCH. DIST. NO. 2 OF THE TOWN OF OYSTER BAY, NASSAU COUNTY v. FLINTKOTE CO.


56 A.D.2d 642 (1977)

Central School District No. 2 of the Town of Oyster Bay, Nassau County, Appellant, v. Flintkote Company et al., Respondents

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

February 28, 1977


Judgment, insofar as it is in favor of defendant the Flintkote Company, affirmed, without costs or disbursements. Judgment, insofar as it is in favor of defendant Eggers and Higgins, reversed, on the law and the facts, and, as between plaintiff and said defendant, action severed and new trial granted, with costs to abide the event. We agree with Trial Term that there was no ambiguity in the $5,700 limitation in the "Twenty Year Built-Up Roof" guarantee bond and that, since...

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