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VILL. OF WARWICK v. REPUBLIC INS. CO.

63 A.D.2d 968 (1978)

Village of Warwick, Respondent, v. Republic Insurance Company, Appellant, and American Savings & Loan Association, Intervenor-Respondent

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

June 5, 1978

Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements jointly to respondents.

Defendant issued a performance bond pursuant to former section 179-l (now section 7-730) of the Village Law. Since there are issues of fact which have not yet been resolved, summary judgment was properly denied (see Town of Shawangunk v Goldwil Props. Corp., 61 A.D.2d 693

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