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

34 N.Y.2d 470 (1974)

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

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Anthony T. Antinozzi, Corporation Counsel, for appellant.

Sidney Advocate for Public Service Mutual Insurance Company, respondent.

Frank H. Connelly for remaining respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

Chief Judge BREITEL.

In this action to recover on a surety bond given to secure timely completion of some six buildings, the City of Rye, as obligee under the bond, seeks to recover the face amount of $100,000. The surety and the developers are defendants. Special Term denied the city's motion for summary judgment, and a divided Appellate Division affirmed the denial. In his concurring opinion at the Appellate...

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