COLONIAL SURETY COMPANY v. EASTLAND CONSTRUCTION, INC.

3481, 603656/08.

77 A.D.3d 581 (2010)

COLONIAL SURETY COMPANY, Respondent, v. EASTLAND CONSTRUCTION, INC., et al., Appellants.

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

Decided October 28, 2010.


Defendants contend that the court improperly granted the injunction directing defendants to deposit collateral with plaintiff, pursuant to the parties' indemnity agreement, because plaintiff breached its duty of good faith performance of the agreement and thus came before the court with "unclean hands." They maintain that plaintiff promised to provide lien discharge bonds in connection with one of three construction projects on which it acted as performance and payment bond...

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