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GATEWAY DEMOLITION CORP. v. LUMBERMAN'S MUT. CAS. CO.

1315, 602131/04.

66 A.D.3d 597 (2009)

888 N.Y.S.2d 26

2009 NY Slip Op 7749

GATEWAY DEMOLITION CORP., Appellant, v. LUMBERMAN'S MUTUAL CASUALTY COMPANY, Also Known as LUMBERMAN'S MUTUAL CASUALTY CORPORATION, Respondent.

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

Decided October 29, 2009.

The New York City Department of Sanitation entered into a contract with nonparty Rapid Demolition Company, Inc. to demolish several structures. Defendant acted as surety on the project, assuring the project's completion. Rapid subsequently defaulted on the contract and defendant entered into a contract with plaintiff to complete the demolition work, which included the demolition of a large concrete overpass. Requests were made to the New York City Department of Transportation...

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