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OAKGROVE CONSTRUCTION, INC. v. GENESEE VALLEY NURSERIES, INC.

39 A.D.3d 1283 (2007)

834 N.Y.S.2d 822

OAKGROVE CONSTRUCTION, INC., Appellant, v. GENESEE VALLEY NURSERIES, INC., Defendant, and COLONIAL SURETY COMPANY, Respondent. (Appeal No. 2.)

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

Decided April 20, 2007.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action to recover damages for, inter alia, breach of a performance bond concerning a contract to, among other things, plant trees and shrubs along a section of the New York State Thruway in Niagara...

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