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ROEL PARTNERSHIP v. AMWEST SURETY INSURANCE COMPANY

258 A.D.2d 780 (1999)

685 N.Y.S.2d 832

ROEL PARTNERSHIP et al., Appellants, v. AMWEST SURETY INSURANCE COMPANY et al., Respondents.

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

Decided February 11, 1999.

Carpinello, J.

Plaintiff Roel Partnership (hereinafter Roel), as owner, and defendant D.K. House Construction (hereinafter House), as contractor, entered into an October 22, 1994 contract for the construction of a supermarket in the Town of Schroon Lake, Essex County. In connection therewith, defendant Amwest Surety Insurance Company (hereinafter Amwest) issued a performance bond ensuring House's prompt and faithful performance under the contract. In the midst of...

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