UNITED STATES OF AM. FOR THE USE & BENEFIT OF BROWNE & BRYAN LUMBER CO., INC. v. NAT'L SUR. CORP.


24 A.D.2d 458 (1965)

United States of America for the Use and Benefit of Browne & Bryan Lumber Co., Inc., et al., Appellants, v. National Surety Corporation. Respondent

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

June 1, 1965


Order of the Appellate Term reversed on the law, with costs, and judgment of the Civil Court of the City of New York awarding recovery to the plaintiffs on all three bonds reinstated.

No issues of fact have been considered. Originally plaintiffs were awarded summary judgment with respect to all three bonds. On an appeal to the Appellate Term in 1963, there was a modification; partial summary judgment was awarded on two of...

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