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NIAGARA UNIVERSITY v. HANOVER INS. CO.

70 CA 14-01230.

125 A.D.3d 1320 (2015)

999 N.Y.S.2d 792

NIAGARA UNIVERSITY et al., Appellants, v. HANOVER INSURANCE COMPANY, Respondent.

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

Decided February 6, 2015.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Defendant, as surety, issued a performance bond on behalf of Sterling Glass Dual Pane, Inc. (Sterling) in connection with a building construction project undertaken by plaintiffs as owners of the Niagara University Academic Complex (Complex). In 2006, plaintiffs...

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