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COLONIAL SURETY COMPANY v. GENESEE VALLEY NURSERIES, INC.

5 A.D.3d 1024 (2004)

773 N.Y.S.2d 719

COLONIAL SURETY COMPANY, Respondent, v. GENESEE VALLEY NURSERIES, INC., et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover sums allegedly due from defendants pursuant to the terms of the General Indemnity Agreement (Agreement) executed by the parties in connection with performance and payment bonds issued by plaintiff to defendant Genesee Valley Nurseries, Inc. (GVN...

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