Plaintiff is a Martin Act (General Business Law, art. 23-A) receiver of B. G. Phillips & Company, a copartnership (hereinafter called Phillips). He has instituted this action to recover on a fidelity bond issued by the defendant to indemnify Phillips against theft by its employees.
The defendant moves for judgment dismissing the amended complaint pursuant to rules 107 (subd. 3), 112 and 113 of the Rules of Civil Practice...
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