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GARDINER v. REPUBLIC INS CO

109 Misc.2d 622 (1981)

Town of Gardiner, Plaintiff, v. Republic Insurance Company, Defendant.

Supreme Court, Special Term, Ulster County.

June 2, 1981

Attorney(s) appearing for the Case

Donald Tirschwell for defendant. Kellar & Kellar (Paul T. Kellar of counsel), for plaintiff.

LAWRENCE E. KAHN, J.

This is a motion for an order pursuant to CPLR 3211 (subd [a], par 7) dismissing plaintiff's complaint on the ground that it fails to state a cause of action. The action seeks to recover the sum of $12,000 on a performance bond posted in conjunction with a subdivision known as "York-shire Estates, § A-1" located in the Town of Gardiner.

The instant motion is predicated upon defendant's allegation that the complaint fails...

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