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KEMPER INS. v. STATE OF NY

70 A.D.3d 192 (2009)

892 N.Y.S.2d 596

KEMPER INSURANCE COMPANIES, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 108940.)

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

Decided December 31, 2009.

Attorney(s) appearing for the Case

Ernstrom & Dreste, L.L.P., Rochester (Theodore M. Baum of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Paul Groenwegen of counsel), for respondent.

MERCURE, J.P., SPAIN, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

GARRY, J.

In March 2000, Haseley Construction entered into a contract with defendant to reconstruct part of a roadway in the Town of Niagara, Niagara County (hereinafter the Military Road Project). Claimant, as Haseley's surety, provided performance and payment bonds for the Military Road Project on which Haseley was named as the principal and defendant was named as obligee. In August 2001, defendant declared Haseley in default and formally...

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