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JC RYAN EBCO/H&G, LLC v. LIPSKY ENTERPRISES, INC.

2009-04317.

78 A.D.3d 788 (2010)

911 N.Y.S.2d 136

JC RYAN EBCO/H&G, LLC, Respondent, v. LIPSKY ENTERPRISES, INC., et al., Appellants.

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

Decided November 9, 2010.

Ordered that the order is affirmed, with costs.

In 2006 the defendant Lipsky Enterprises, Inc. (hereinafter Lipsky), a general contractor, was awarded a contract to perform certain renovation and/or construction work at a Suffolk Community College (hereinafter SCC) campus. In connection with this project, Lipsky and the defendant Arch Insurance Company (hereinafter Arch), as surety, executed and delivered a labor and material...

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