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U.S. CAPITAL INS. CO. v. BUFFALO & ERIE COUNTY REG'L DEV. CORP.

177 A.D.2d 949 (1991)

U.S. Capital Insurance Company, as Successor in Interest to Multiplus Insurance Co., Appellant-Respondent, v. Buffalo and Erie County Regional Development Corporation, Respondent-Appellant. (Action No. 1.) Buffalo and Erie County Regional Development Corporation, Plaintiff, v. Environmental Abatement International, Inc., et al., Defendants. (Action No. 2.) (Appeal No. 1.)

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

November 15, 1991

Judgment unanimously modified on the law and as modified affirmed without costs, and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: In this action seeking to have a surety bond declared null and void, U.S. Capital Insurance Company (USCIC) appeals from so much of a judgment as awarded the Buffalo and Erie County Regional Development Corporation (RDC) $480,291.78 on its counterclaim and dismissed the complaint. Although...

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