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RINALDI LLC v. RINALDI GROUP, LLC

7190. 450691/16.

165 A.D.3d 409 (2018)

84 N.Y.S.3d 145

2018 NY Slip Op 06478

Anthony T. Rinaldi, LLC, Doing Business as The Rinaldi Group, LLC, Respondent, v. Anchorage Construction Corp. et al., Defendants, and North American Specialty Insurance Company, Appellant. Red Apple 81 Fleet Place Development, LLC, Intervenor Plaintiff-Respondent.

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

Decided October 2, 2018.

In this action to collect on a surety bond posted by a subcontractor that defaulted on its performance, evidence submitted by plaintiff general contractor and intervenor project owner in the form of affidavits from individuals having personal knowledge of specific conversations with NAS representatives regarding — NAS's alleged desire to avoid litigation threatened by plaintiff on account of, inter alia, alleged delays by...

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