TOWN OF NASSAU v. WESTCHESTER FIRE INSURANCE COMPANY


281 A.D.2d 803 (2001)

722 N.Y.S.2d 298

TOWN OF NASSAU, Respondent, v. WESTCHESTER FIRE INSURANCE COMPANY, Appellant.

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

Decided March 15, 2001.


Mugglin, J.

By summons and complaint dated March 22, 1993, plaintiff instituted this action against defendant, as the compensated surety, to compel the completion of construction of a salt/sand storage shed after the contractor had defaulted. Defendant fulfilled its responsibilities by completing the project and, on October 15, 1993, submitted a certificate for payment to plaintiff. On April 6, 1995, defendant again demanded payment and threatened legal action if...

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