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AUGUST BOHL CONTRACTING COMPANY, INC. v. L.A. SWYER COMPANY, INC.

507954.

74 A.D.3d 1649 (2010)

903 N.Y.S.2d 793

AUGUST BOHL CONTRACTING COMPANY, INC., Plaintiff, v. L.A. SWYER COMPANY, INC., Defendant and Third-Party Plaintiff-Appellant, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, and CORNING HOMES ASSOCIATES, LP, et al., Respondents, et al., Defendants. ANNE H. LINDGREN et al., Third-Party Defendants-Respondents. (And Another Third-Party Action.)

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

Decided June 24, 2010.

Malone Jr., J.

Plaintiff commenced this action seeking to collect moneys allegedly owed to it for the construction of certain infrastructure in connection with a public housing project in the City of Albany. The complaint alleged breach of contract against defendant L.A. Swyer Company, Inc., sought payment under Swyer's labor and material payment bond issued by defendant St. Paul Fire and Marine Insurance Company, and sought to enforce plaintiff's mechanics' lien...

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