Plaintiffs sufficiently pleaded their compliance with the conditions precedent for payment under the performance and payment bonds, and the court properly denied defendant Centennial Insurance Company's motion to dismiss the complaint for failure to state a cause of action since Centennial's evidence failed to negate the facts pleaded by plaintiffs beyond substantial question (see Guggenheimer v Ginzburg,
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HRH CONSTRUCTION, LLC v. ELITE CONSTRUCTION OF N.Y., INC.
36 A.D.3d 560 (2007)
827 N.Y.S.2d 660
HRH CONSTRUCTION, LLC, et al., Respondents, v. ELITE CONSTRUCTION OF N.Y., INC., et al., Defendants, and CENTENNIAL INSURANCE COMPANY, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 30, 2007.
Decided January 30, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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