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

3 A.D.3d 688 (2004)

770 N.Y.S.2d 777

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

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

January 15, 2004.

Lahtinen, J.

Plaintiff sued defendant for allegedly breaching its obligation under a performance bond. We previously upheld an order granting plaintiff partial summary judgment on the issue of liability and denying defendant's motion to amend its answer (290 A.D.2d 621 [2002]). In these appeals from various orders and judgments awarding damages, defendant urges that the damages awarded by Supreme Court were excessive and plaintiff...

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