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MOUNT FLORENCE GROUP v. CITY OF PEEKSKILL

235 A.D.2d 787 (1997)

652 N.Y.S.2d 814

Mount Florence Group, Appellant, v. City of Peekskill et al., Respondents. (Action No. 1.) City of Peekskill, Respondent, v. Travelers Indemnity Company, Appellant. (Action No. 2.)

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

January 16, 1997

Mikoll, J.

Plaintiff Mount Florence Group obtained a $1,000,000 subdivision performance bond (No. 600G1989) from defendant Travelers Indemnity Company on March 6, 1987 which guaranteed Mount Florence's observance of certain conditions pertaining to the approval of its subdivision plans by the City of Peekskill,1 Westchester County. On July 6, 1988, Mount Florence obtained a $311,000 subdivision performance bond

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