Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant, County of Chautauqua (County), entered into an agreement with Tiller Construction Corp. (Tiller) in July 1992 for construction of a $2,020,000 addition to the Chautauqua County Jail. Thereafter, plaintiff, International Fidelity Insurance Company (IFIC), as surety, and Tiller, as principal, executed a performance bond in favor of the County...
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