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SOLID WASTE DIV. v. HASELEY

194 Misc.2d 523 (2003)

753 N.Y.S.2d 822

CHAUTAUQUA COUNTY DIVISION OF SOLID WASTE, Plaintiff, v. HASELEY CONSTRUCTION CO., INC., et al., Defendants.

Supreme Court, Chautauqua County.

January 7, 2003.

Attorney(s) appearing for the Case

Ernstrom & Dreste, LLP (Kimberly A. Steele of counsel), for defendants.

Aaron Dautch Sternberg & Lawson, LLP (Francis P. Weimer of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH GERACE, J.

This is an action by plaintiff, Chautauqua County Division of Solid Waste, to recover on a payment bond issued by defendant, Lumbermens Mutual Casualty Company, guaranteeing payment by Haseley Construction Co., Inc., for labor and materials furnished in connection with a public improvement project. Haseley had a contract with the State of New York to remove hazardous waste...

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