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CITY OF RYE v. PUB. SERV. MUT. INS. CO.

42 A.D.2d 749 (1973)

City of Rye, Appellant, v. Public Service Mutual Insurance Company et al., Respondents

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

July 23, 1973

Order affirmed, with $20 costs and disbursements. No opinion.

Shapiro, J. (concurring).

In this action to recover damages in the sum of $100,000 from defendant Public Service Mutual Insurance Company on its surety bond and against the other defendants on an agreement to pay a stipulated charge of $200 per day for each day of delay in the construction and completion of certain buildings, the plaintiff, the City of Rye, appeals from an order which...

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