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UNITED STATES FID. AND GUAR. CO. v. DELMAR DEV. PARTNERS, LLC

22 A.D.3d 1017 (2005)

803 N.Y.S.2d 254

UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent-Appellant, v. DELMAR DEVELOPMENT PARTNERS, LLC, Appellant-Respondent.

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

October 27, 2005.

Spain, J. Cross appeals from an order of the Supreme Court (Benza, J.), entered February 9, 2005 in Albany County, which, inter alia, partially granted defendant's motion for leave to serve an amended answer.

By a standardized American Institute of Architects agreement — with insertions and modifications — executed in August 1999, defendant hired Matzen Construction, Inc. to construct a luxury apartment complex...

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