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FORBES v. AMERICAN SAFETY CASUALTY INSURANCE COMPANY

2015-07031 Index No. 703222/14.

160 A.D.3d 935 (2018)

72 N.Y.S.3d 479

2018 NY Slip Op 02773

Autry D. Forbes, Respondent, v. American Safety Casualty Insurance Company, Appellant, et al., Defendants.

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

Decided April 25, 2018.

Ordered that the order is affirmed, with costs.

In 2012, the plaintiff hired the defendant Earth Link General Construction, Inc. (hereinafter Earth Link), as a general contractor for a home construction and renovation project. In connection with the project, Earth Link obtained a performance bond and a payment bond from the defendant American Safety Casualty Insurance Company (hereinafter ASCI).

The plaintiff commenced this action against Earth Link, ASCI...

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