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GREENBLATT v. NY SUR. CO.

171 Misc.2d 126 (1996)

653 N.Y.S.2d 833

William Greenblatt, as Chairman of the Joint Industry Board of the Plumbing Industry of the City of New York, Also Known as Plumbing Industry Board Local No. 2, et al., Plaintiffs, v. New York Surety Company, Defendant.

Supreme Court, New York County.

December 5, 1996

Attorney(s) appearing for the Case

Hollander & Associates, P. C., New York City (Michael R. Strauss and Heather J. Belovin of counsel), for defendant. Kaming & Kaming, New York City (Sean L. O'Donnell and Joseph S. Kaming of counsel), for plaintiffs.

LEWIS R. FRIEDMAN, J.

Defendant, New York Surety, moves to dismiss the complaint as time barred or, in the alternative, to dismiss the third cause of action on the ground that it fails to state a cause of action (CPLR 3211 [a] [7]). Plaintiffs cross-move seeking to amend the complaint.

A contract dispute arose between plaintiff and Delta, a nonparty. New York Surety issued a bond on behalf of Delta...

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