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SHEHADI v. AETNA CAS. & SUR. CO.

59 A.D.2d 1030 (1977)

Frederick M. Shehadi, Doing Business as Frederick M. Shehadi Enterprises, Respondent, v. Aetna Casualty and Surety Company, Appellant

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

November 4, 1977

Order and judgment unanimously reversed, on the law and the facts, without costs, motion denied and action dismissed.

Memorandum:

Aetna Casualty and Surety Company (Aetna) appeals from a judgment recovered against it on a surety bond. The action was commenced by a motion for summary judgment in lieu of a complaint (CPLR 3213). In a related action by respondent against the M. S. A. Enterprises, Inc. (M. S. A.), reported in our memorandum decided herewith (...

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