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FLECKENSTEIN v. NEHRBAS

30 Misc.2d 448 (1961)

Edward A. Fleckenstein, as Administrator D. B. N. of The Estate of Herbert T. Kerrigan, Deceased, Plaintiff, v. Harold A. Nehrbas et al., Defendants. In the Matter of the Accounting of Margaret Kerrigan, as Administratrix of The Estate of Herbert T. Kerrigan, Deceased.

Surrogate's Court, Nassau County.

July 27, 1961

Attorney(s) appearing for the Case

Edward A. Fleckenstein, as administrator d.b.n. Austin & Du Pont (Francis J. Murphy of counsel), for Fireman's Fund Ins. Co., respondent. Mendes & Mount (Frederick K. Hackett of counsel), for Parrish & Company. Robert J. McGinn for National Sur. Co.

JOHN D. BENNETT, S.

This is an application for rehearing a motion for summary judgment and for a reconsideration of the decision rendered by this court in favor of Parrish & Company. The application is granted in view of the apparent misunderstanding by the surety company of the nature and effect of the court's decision.

The case is complicated as there are two possible liabilities of the surety company. The first is contractual on the bond...

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