SCHULER-HAAS ELEC. CO. v. AETNA CAS. & SUR. CO.


40 N.Y.2d 883 (1976)

Schuler-Haas Electric Company, Respondent, v. Aetna Casualty & Surety Co., Appellant. Donald A. Hoffend et al., Intervenors.

Court of Appeals of the State of New York.

Decided October 19, 1976.


Attorney(s) appearing for the Case

Byron Johnson and George A. Schell for appellant.

Paul R. Braunsdorf and Michael Normoyle for intervenors.

James M. White for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The affidavits submitted by the parties on plaintiff's motion for summary judgment tender no admissible proof of evidentiary facts relevant to the resolution of the asserted ambiguity in the terms of the payment bond. The present intervenors are of course bound by the record as they find it. Absent any relevant extrinsic evidence or the anticipation...

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