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FRONTIER INSURANCE COMPANY IN REHABILITATION v. BIG APPLE ROOFING COMPANY, INC.

50 A.D.3d 1239 (2008)

855 N.Y.S.2d 702

FRONTIER INSURANCE COMPANY IN REHABILITATION, Appellant, v. BIG APPLE ROOFING COMPANY, INC., et al., Respondents.

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

Decided April 3, 2008.

Mercure, J.P.

Plaintiff issued performance bonds on behalf of a nonparty to this action in connection with construction projects for work on, among other things, a high school in New York County. These bonds were indemnified by defendants. When the nonparty defaulted, plaintiff contracted to have all the projects completed. Thereafter, plaintiff commenced this action in Sullivan County, alleging as relevant here that defendants breached their obligation to reimburse...

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