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INT'L v. BANK

129 Misc.2d 257 (1985)

International Fidelity Insurance Company, Petitioner, v. European American Bank, Respondent.

Supreme Court, Special Term, Suffolk County.

July 24, 1985

Attorney(s) appearing for the Case

Russ, Weyl & Levitt for petitioner. Mullen & Iannarone, P. C., for respondent.

MELVYN TANENBAUM, J.

This special proceeding to determine adverse claims pursuant to CPLR 5239 brought on by order to show cause (Underwood, J.) dated March 8, 1985, is determined as follows:

The relevant facts are not in dispute. Between July and November 1979 petitioner sold three performance bonds to Cavaliere Electric Contracting, Ltd. (Cavaliere Electric) covering three separate municipal construction...

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