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U.W. MARX, INC. v. MOUNTBATTEN SURETY COMPANY, INC.

290 A.D.2d 621 (2002)

736 N.Y.S.2d 137

U.W. MARX, INC., Individually and as Assignee of KLEEN RESOURCES, INC., Respondent, v. MOUNTBATTEN SURETY COMPANY, INC., Appellant. (And a Third-Party Action.)

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

Decided January 3, 2002.

Mercure, J.P.

On January 16, 1996, Kleen Resources, Inc. and plaintiff entered into a written agreement forming a joint venture of the two companies for the purpose of bidding on certain contracts with the Office of General Services (hereinafter OGS) for the installation and replacement of underground petroleum tanks at facilities throughout the State. Pursuant to the terms of the agreement, plaintiff was to supply the bonds necessary to underwrite the bids, while...

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