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MARYLAND CAS. CO. v. STRAUBINGER

19 A.D.2d 26 (1963)

Maryland Casualty Company, Appellant-Respondent, v. Joseph P. Straubinger et al., Respondents-Appellants

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

May 24, 1963.

Attorney(s) appearing for the Case

Vaughan, Brown, Kelly, Turner & Symons (Mark N. Turner of counsel), for appellant-respondent.

Offerman, Fallon & Mahoney for Joseph P. Straubinger, respondent-appellant.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Edward J. Murty, Jr., of counsel), for George A. Straubinger, respondent-appellant.

BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur.

Per Curiam.

These are cross appeals from an order of Special Term tentatively granting a partial judgment on the plaintiff's motion for summary judgment and denying the motion in all other respects. The action was brought by the plaintiff bonding company to recover upon an indemnity agreement alleged to have been given to it in consideration of its issuance of a performance bond and a labor and material bond on a building...

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