BAYSIDE FUEL OIL DEPOT CORP. v. V. SAVINO OIL & HEATING CO., INC.


133 A.D.2d 658 (1987)

Bayside Fuel Oil Depot Corp., Respondent, v. V. Savino Oil & Heating Co., Inc., et al., Defendants and Third-Party Plaintiffs and Counterclaim-Appellants, et al., Defendants, and Chemical Bank, Defendant and Counterclaim-Defendant-Respondent, et al., Third-Party Defendants and Counterclaim-Defendants

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

October 13, 1987


Ordered that the order granting Chemical Bank's motion is modified, on the law, by adding a provision that Chemical Bank shall post an undertaking pursuant to CPLR 7102; as so modified, order is affirmed insofar as appealed from, and the matter is remitted to the Supreme Court, Kings County, for a determination of the amount of the undertaking; and it is further,

Ordered that the remaining two orders are affirmed insofar as appealed from; and it is further,

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