BIRNANT v. AETNA CAS. & SUR. CO.


28 A.D.2d 978 (1967)

Daniel A. Birnant et al., Respondents, v. Aetna Casualty & Surety Co., Appellant

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

October 5, 1967


Judgment for plaintiffs in the sum of $65,701.30, entered upon a jury verdict in an action by the plaintiff-obligee named in a surety bond against the defendant-appellant surety to recover the estimate excess cost of completion of an incomplete construction contract, unanimously reversed on the law and on the facts and new trial ordered, with $50 costs and disbursements to appellant to abide the event.

Application to the bond in issue of those rules of construction...

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