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CRESCENT ELECTRIC SUPPLY CO., INC., OF N.Y. v. TRAVELERS CASUALTY & SURETY CO. OF AMERICA

2010-05482, Index No. 26991/08.

111 A.D.3d 659 (2013)

974 N.Y.S.2d 799

2013 NY Slip Op 7442

CRESCENT ELECTRIC SUPPLY COMPANY, INC., OF NEW YORK, Respondent, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA et al., Appellants, et al., Defendant. MICHAEL J. BARNABY, Nonparty Appellant.

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

Decided November 13, 2013.

In an action, inter alia, to recover damages for breach of contract, the defendants Travelers Casualty and Surety Company of America and Anderson Electric, Inc., and their attorney, the nonparty Michael J. Barnaby, appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated April 12, 2010, as granted that branch of the plaintiff's motion which was for an award of costs, including an attorney's fee, payable by...

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