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RYE CITY SCHOOL DISTRICT v. XAVIER CONTRACTING LLC

54 A.D.3d 927 (2008)

864 N.Y.S.2d 125

RYE CITY SCHOOL DISTRICT, Appellant-Respondent, v XAVIER CONTRACTING, LLC, et al., Respondents-Appellants.

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

September 23, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On May 12, 2005 the defendant Xavier Contracting, LLC (hereinafter Xavier), submitted a bid in the amount of $3,528,000 on the "general trades" portion of a construction project involving a particular school within the plaintiff Rye City School District (hereinafter the School District). Xavier also provided a bid bond issued by the defendant Fidelity and...

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