JULIANO v. CIRCLE CONSTR. CORP.


276 A.D. 1086 (1950)

Amelia Juliano et al., Respondents, v. Circle Construction Corp., Appellant

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

April 3, 1950.


Order of the County Court of Westchester County, as resettled, denying a motion to dismiss the complaint for insufficiency, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs.

The bond alleged to have been given pursuant to ordinance is broader than that required. Recovery in these actions is predicated on the obligation, incorporated in the bond, which is not required by the statute. The obligation in the bond, insofar as...

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