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VILLAGE OF NEW PALTZ v. MERLEX CONTRACTING, INC.

12 A.D.3d 745 (2004)

784 N.Y.S.2d 661

VILLAGE OF NEW PALTZ et al., Appellants, v. MERLEX CONTRACTING, INC., et al., Respondents.

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

November 4, 2004.

Rose, J.

Plaintiffs contracted with defendant Merlex Contracting, Inc. to renovate a public swimming pool. When Merlex did not meet a revised deadline for completion of the work, plaintiffs informed defendant Insurance Company of the State of Pennsylvania (hereinafter ISOP), which had posted a performance bond for Merlex. In response, ISOP contacted defendant Claims Resolution Company, Inc. (hereinafter CRC) to investigate...

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