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DEERE CO. v. CERONE EQUIP. CO.

33 A.D.2d 257 (1970)

John Deere Company of Baltimore, Inc., Appellant, v. Cerone Equipment Co., Inc., Respondent

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

January 29, 1970.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (Stephen Reynolds of counsel), for appellant.

Lombardi & Reinhard (William J. Rodgers of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

REYNOLDS, J.

This is an appeal from so much of an order and judgment of the Supreme Court, Albany County, granting appellant's motion for summary judgment as excluded therefrom the cost of the premium paid for an undertaking bond as a taxable disbursement.

Respondent, a heavy construction equipment dealer, obtained its inventory from the appellant pursuant to an arrangement whereby the appellant had a...

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