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NOTHHELFER v. AM. SUR. CO. OF NEW YORK

277 A.D. 1009 (1950)

Kurt F. Nothhelfer et al., Copartners Doing Business under the Name of Allied Electrical Contracting Co., Respondents, v. American Surety Company of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 30, 1950.

Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs.

Findings of fact implicit in the verdict of the jury are affirmed. There is ample evidence in this record to support the findings of the jury (1) that the accident occurred before plaintiffs completed the work in the building in question; (2) that the $1,500 paid by plaintiffs was in settlement of the personal injury claims; and...

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