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CAROLINA CASUALTY INSURANCE CO. v. ADC CONTRACTING & CONSTRUCTION, INC.

300 A.D.2d 259 (2002)

754 N.Y.S.2d 235

CAROLINA CASUALTY INSURANCE CO., Respondent, v. ADC CONTRACTING & CONSTRUCTION, INC., et al., Appellants.

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

Decided December 31, 2002.

Plaintiff Carolina was the performance bond surety for Roman Roads Construction Corporation (Roman Roads) in its contract with the City of New York for the replacement and repair of sidewalks in Manhattan. A dispute arose and the City ultimately declared Roman Roads to be in default. As the performance bond surety, plaintiff was required to assure that the contract with the City was performed and it solicited bids for the completion of the work and instructed potential bidders...

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