SUBIN v. U. S. FID. & GUAR. CO.


12 A.D.2d 49 (1960)

David L. Subin, Respondent, v. United States Fidelity and Guaranty Company, Appellant

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

December 13, 1960.


Attorney(s) appearing for the Case

Samuel Becker for appellant.

Leonard G. Bisco of counsel (Bisco, Winkler & Higgiston, attorneys), for respondent.

BOTEIN, P. J., BREITEL, McNALLY and STEVENS, JJ., concur.


VALENTE, J.

An action was commenced in August, 1958, by Penn-Texas Corporation against plaintiff-respondent and another to recover damages of over one million dollars for an alleged conspiracy to divert and waste the assets of the corporation. In that suit, defendant-appellant executed two undertakings in the sums of $15,000 and $35,000, respectively, to support warrants of attachment issued against the property...

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