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BORNHURST v. MASS. BONDING & INS. CO.

31 Misc.2d 339 (1961)

F. Richard Bornhurst, Plaintiff, v. Massachusetts Bonding and Insurance Company, Defendant.

Supreme Court, Special Motion Term, Onondaga County.

July 25, 1961

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney (Phillip T. Young of counsel), for defendant. Hoffman & Hartnett (Robert W. Hartnett of counsel), for plaintiff.

HENRY A. HUDSON, J.

The defendant has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice dismissing plaintiff's complaint on the merits.

It seems to the court that the defendant has already moved in this same action for substantially the same relief and that such relief has been denied. In Bornhurst v. Massachusetts Bonding & Ins. Co. (12 Misc.2d 149) at page 150, the...

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