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GURDA v. OTTAWAY NEWSPAPERS

81 A.D.2d 120 (1981)

Michael A. Gurda, Appellant-Respondent, v. Orange County Publications Division of Ottaway Newspapers, Inc., et al., Respondents, and Howard Karger, Respondent-Appellant Michael A. Gurda, Jr., Appellant-Respondent, v. Orange County Publications Division of Ottaway Newspapers, Inc., et al., Respondents, and Howard Karger, Respondent-Appellant

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

June 8, 1981

Attorney(s) appearing for the Case

John S. McBride for Michael A. Gurda, appellant-respondent. Gerald Orseck (Robert N. Isseks of counsel), for Michael A. Gurda, Jr., appellant-respondent.

Becker, Card, Levy & Richards, P. C. (Rodney A. Richards of counsel), for Orange County Publications Division of Ottaway Newspapers, Inc., respondents.

Howard Karger (Sheila Callahan of counsel), respondent-appellant pro se.

HOPKINS and LAZER, JJ., concur with WEINSTEIN, J.; MOLLEN, P. J., and TITONE, J., concur in part and dissent in part, in an opinion.

WEINSTEIN, J.

The instant litigation has its genesis in two judgments obtained by the Aetna Casualty and Surety Company against, respectively, the Hambly Construction Company, Inc., in 1970 and William J. Hambly in 1972, in connection with a default by Hambly Construction and Hambly on a contract with New York State to build dormitories at a State college. Aetna subsequently brought an action against, inter...

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