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7 May 2012, 5:00 am by Bexis
Sherwood Medical Industries, 836 F.2d 296, 302-303 (7th Cir. 1987); In re Zyprexa Products Liability Litigation v. [read post]
Fuller Co., Inc. is instructive.[19]  In Cives, the plaintiff sued Fuller, a general contractor, and Liberty Mutual Insurance Company for payment on invoices relating to a construction project.[20]  Liberty Mutual moved for dismiss under CPLR 3211(a)(1) based on “various letters and emails” that it claimed demonstrated that the payment bond asserted against it had never become effective.[21]  The Second Department reversed the… [read post]