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YONKERS v. 58A JVD INDUS., LTD.

2013-05545

115 A.D.3d 635 (2014)

981 N.Y.S.2d 736

2014 NY Slip Op 1428

CITY OF YONKERS, Respondent, v. 58A JVD INDUSTRIES, LTD., Appellant, et al., Defendant.

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

Decided March 5, 2014.

In an action, inter alia, to recover upon a performance bond, the defendant 58A JVD Industries, Ltd., appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated April 15, 2013, which denied its motion to dismiss the cause of action alleging breach of contract insofar as asserted against the defendant Colonial Surety Company on the ground that it is time-barred.

Ordered that the order is reversed, on the law, with costs, and the motion of...

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