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The following e-filed documents, listed by NYSCEF document numbers (Motion 001) 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 were read on this motion for SUMMARY JUDGMENT. DECISION + ORDER ON MOTION This action arises out of an indemnity agreement, pursuant to which plaintiff acted as surety for certain bonds issued to defendants. Before the court is plaintiff’s unopposed motion for summary judgment on its claims for specific performance and damages causes by defendants’ asserted breaches of the agreement. Defendants have not submitted opposition to the motion. Upon the foregoing documents, plaintiff’s motion is granted. Background The indemnity agreement provides, among other things, that defendants, upon plaintiff’s demand, are required to provide plaintiff with collateral to be “applied to any obligations of [defendants] under this Agreement” (indemnity agreement, NYSCEF Doc. No. 22, 3). Defendants agreed that “their failure to immediately deposit with Surety any sums demanded under this section shall cause irreparable harm to Surety for which it has no adequate remedy at law, and Surety shall be entitled to injunctive relief for specific performance of such obligation” (id.). In addition, “[i]n the event of any payment by the Surety, an itemized statement of the amount of any such payment sworn to by any officer or authorized representative of the Surety…shall be final, conclusive and binding upon the [defendants]” (id., 4). Defendants shall “exonerate, hold harmless, indemnify, and keep indemnified [plaintiff] from and against any and all liability for losses, fees, costs and expenses of any kind or nature, including but not limited to, court costs, attorney’s fees, accounting, and any other outside consulting fees” (id., 2). On July 10, 2023, plaintiff demanded collateral from defendants in the amount of $32,770,070.82, in order to cover the cost of certain bonds issued to defendants (July 10, 2023 letter, NYSCEF Doc. No. 24). When defendants failed to supply collateral as requested, plaintiff reduced its demand to $6,000,000.00 (September 27, 2023 letter, NYSCEF Doc. No. 25). To date, defendants have not supplied the demanded collateral, and plaintiff has incurred attorneys’ fees bringing this action to enforce its rights under the agreement (Passolt aff., NYSCEF Doc. No. 21,

 
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