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COUNTY OF MONROE v. RAYTHEON COMPANY

48 A.D.3d 1237 (2008)

852 N.Y.S.2d 549

COUNTY OF MONROE, Plaintiff, v. RAYTHEON COMPANY et al., Defendants. FEDERAL INSURANCE COMPANY et al., Third-Party Plaintiffs-Appellants, v. JOHN P. BELL & SONS, INC. and JOHN B. PIKE & SON, INC., a Joint Venture, et al., Third-Party Defendants-Respondents.

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

Decided February 8, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking damages for, inter alia, breach of a performance bond with respect to a construction contract with defendant John B. Pike & Son, Inc. (Pike). Defendants and third-party plaintiffs (third-party plaintiffs) are sureties on the performance bond, and Pike agreed to indemnify third-party plaintiffs for payments made...

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