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AZEVEDO & BOYLE CONTRACTING, INC. v. J. GREANEY CONSTRUCTION CORP.

285 A.D.2d 571 (2001)

728 N.Y.S.2d 743

AZEVEDO & BOYLE CONTRACTING, INC., Appellant, v. J. GREANEY CONSTRUCTION CORP. et al., Defendants, and RELIANCE INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided July 23, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action against the remaining defendants is severed.

This appeal arises out of a dispute between the plaintiff, Azevedo & Boyle Contracting, Inc. (hereinafter Azevedo), a subcontractor on a school renovation project, and the defendant Reliance Insurance Company of New York (hereinafter Reliance), the payment bond surety for the...

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