AFSCO SPECIALTIES v. MARYLAND CAS. CO.


37 Misc.2d 641 (1962)

Afsco Specialties, Inc., Plaintiff, v. Maryland Casualty Company, Defendant.

Supreme Court, Monroe County.

December 13, 1962


Attorney(s) appearing for the Case

McClung, Peters & Simon (Thomas F. Burke of counsel), for defendant. Liebschutz, Sutton & De Leeuw (John Darcy of counsel), for plaintiff.


CLARENCE J. HENRY, J.

This is a motion by the defendant for summary judgment under rule 113 of the Rules of Civil Practice.

The facts, agreed upon in the main, appear as follows from the submitted affidavits and documentary proof:

On April 1, 1957, the Board of Education, Central School District No. 1, Massena, New York, entered into a contract with the James J. Waters Corporation (hereinafter...

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