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SCHREIBER v. REPUBLIC INTERMODAL CORP.

57 A.D.2d 830 (1977)

Harry Schreiber et al., Plaintiffs, v. Republic Intermodal Corporation, Respondent, et al., Defendant, and Continental Insurance Company, Appellant

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

May 2, 1977

Judgment affirmed, with costs.

We are in accord with the views and rulings expressed by the Trial Judge at the hearing held at Special Term on respondent's motion pursuant to CPLR 6315. We find that in its opposition motion papers and argument at the hearing appellant clearly submitted the question of its liability on the bond to the motion court. Accordingly appellant subjected itself to judgment even though not a party...

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