MINSKOFF v. FID. & CAS. CO.


28 A.D.2d 85 (1967)

Leo A. Minskoff et al., Appellants, v. Fidelity and Casualty Company of New York, Respondent

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

July 6, 1967.


Attorney(s) appearing for the Case

Hiram G. Shields for appellants.

Raymond W. Dunne of counsel (McCormick Dunne & Foley, attorneys), for respondent.

STEVENS, J. P., TILZER and McNALLY, JJ., concur with STEUER, J.; McGIVERN, J., dissents in opinion.


STEUER, J.

Plaintiffs were defendants in a prior action in which Harsh Investment Corp. was plaintiff. An attachment was obtained and a levy made against their property. Defendant supplied the bond for the attachment. There were several defendants in that action and the proportion of the bond applicable to plaintiffs was $60,000. On motion of the plaintiffs here (defendants there), the attachment was vacated and...

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