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DAVIS WALLBRIDGE, INC. v. AETNA CAS. & SUR. CO.

103 A.D.2d 1010 (1984)

Davis Wallbridge, Inc., Respondent, v. Aetna Casualty and Surety Company, Appellant

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

July 13, 1984

Order unanimously affirmed, with costs.

Memorandum:

In September, 1980 plaintiff, for the agreed price of $15,000, constructed the binder course for several roads in a tract being developed by Caciga Realty Corp. (Caciga). Caciga gave its note to plaintiff for $15,000, payable in June, 1981, at which time Caciga paid plaintiff $2,500 and gave plaintiff a new note for $12,500. ¶ On January 5, 1981, Caciga entered into a contract with the Town of Onondaga...

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