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BOVIS LEND LEASE (LMB), INC. v. LOWER MANHATTAN DEV. CORP.

9429, 603243/09.

172 A.D.3d 607 (2019)

101 N.Y.S.3d 315

2019 NY Slip Op 04098

Bovis Lend Lease (LMB), Inc., Plaintiff/Third-Party Plaintiff-Appellant, v. Lower Manhattan Development Corporation, Defendant. Arch Insurance Company, Third-Party Defendant-Respondent.

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

Decided May 28, 2019.

The court properly limited the damages that Bovis may recover on its third-party claim for breach of the bonds as set forth in the order appealed from. The plain language of the Supplemental Agreement and Companion Agreement support the court's conclusion that the Companion Agreement was a "settlement" that resolved the dispute regarding Arch's liability for abatement costs above the initial $35 million adjusted price in the abatement...

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