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ORISKA INSURANCE COMPANY v. BOARD OF EDUCATION

506106

68 A.D.3d 1190 (2009)

2009 NY Slip Op 8909

890 N.Y.S.2d 171

ORISKA INSURANCE COMPANY, Appellant, v. BOARD OF EDUCATION, RICHFIELD SPRINGS CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided December 3, 2009.

Malone Jr., J.

Defendant contracted with D.C. Electric Company of CNY, Inc. for electrical work to be performed at one of its schools. In connection with this contract, D.C. Electric provided defendant with a labor and material payment bond, for which plaintiff was the surety. For reasons not relevant here, D.C. Electric abandoned the project in March 2004 and plaintiff was called upon to complete it. The work was substantially...

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