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PEOPLE v. STANDARD ACC. INS. CO.

17 A.D.2d 1 (1962)

The People of the State of New York, Respondent, v. Standard Accident Insurance Company et al., Appellants

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

July 10, 1962.

Attorney(s) appearing for the Case

N. A. Markowitz of counsel (George F. Blake, attorney), for Standard Accident Insurance Company, appellant.

David Gale for Elaine & Heyward Bar and Restaurant, Inc., appellant.

Philip Watson of counsel (Louis J. Lefkowitz, Attorney-General), for respondent.

BOTEIN, P. J., and BREITEL, J., concur with STEUER, J.; VALENTE, J., dissents in part, in opinion in which BERGAN, J., concurs.

STEUER, J.

Defendants are principal and surety on a bond given to the State of New York pursuant to chapter 478 of the Laws of 1934. The said bond, in the penal sum of $1,000, was conditioned upon the principal not suffering any violation under a permit issued to it for a liquor license. Special Term granted summary judgment against both defendants.

We are in accord that as regards the principal summary...

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