SEABOARD SUR. CO. v. MASS. BONDING CO.


42 Misc.2d 435 (1964)

Seaboard Surety Company, Plaintiff, v. Massachusetts Bonding and Insurance Company et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 14, 1964


Attorney(s) appearing for the Case

Samuel Komoroff and Nathan A. Markowitz for plaintiff. Hart, Hume & Engelman (Jack Hart and Lewis Stockman of counsel), for Massachusetts Bonding and Insurance Co. and another, defendants. Benjamin D. Share for Benjamin Gelman, defendant. Leo A. Larkin, Corporation Counsel (Morris Lacher and Jacob Robinsohn of counsel), for City of New York, defendant.


ABRAHAM N. GELLER, J. (dictated on record).

Following the opening of the trial defendants have moved to dismiss this action for a declaratory judgment as improperly brought, urging also that as a result of what was revealed at a conference held preliminary to the trial, and upon the record of the subsequent proceedings at the trial, they should be given the opportunity, pursuant to section 4103 of the Civil...

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