MATTER OF INT'L FID. INS. CO.


236 A.D.2d 719 (1997)

653 N.Y.S.2d 729

In the Matter of the Arbitration between International Fidelity Insurance Company, Appellant, and Saratoga Springs Public Library, Respondent. (And Another Related Proceeding.)

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

February 20, 1997


Casey, J.

Petitioner was the surety for Peter Annis, Inc. (hereinafter Annis), the heating, ventilating and air conditioning contractor on a project to construct a new public library. When Annis defaulted during the performance of its prime contract with respondent, respondent demanded that petitioner perform under its surety bond. Ultimately the parties entered into a takeover agreement to complete the work of Annis, the principal on the prime contract...

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