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CONDON v. NAT'L SUR. CORP.

22 A.D.2d 305 (1964)

Lawrence R. Condon, as Executor of Joseph Faroll, Deceased, et al., Formerly Doing Business under the Firm Name of Joseph Faroll & Co., Now in Liquidation, Respondents-Appellants, v. National Surety Corporation, Appellant-Respondent National Surety Corporation, Third-Party Plaintiff, v. Sutro Bros. & Co., Third-Party Defendant

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

December 22, 1964.

Attorney(s) appearing for the Case

Stewart Maurice of counsel (Maurice, McNamee & White, attorneys), for appellant-respondent.

Abraham Hornstein of counsel (Lawrence R. Condon, attorney), for respondents-appellants.

BOTEIN, P. J., RABIN and VALENTE, JJ., concur with WITMER, J.; EAGER, J., dissents in opinion.

WITMER, J.

From a judgment in the sum of $278,044.91 in favor of plaintiffs as successors to Faroll & Co., brokers (hereinafter referred to as Faroll) against the defendant, National Surety Corporation (National), entered February 25, 1964, both parties appeal upon several grounds. Because of our conclusion that the judgment must be reversed and the complaint dismissed upon the ground that subdivision (g...

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