AETNA CAS. & SUR. CO. v. F & F MAINT., INC.


168 A.D.2d 876 (1990)

Aetna Casualty & Surety Company, Appellant, v. F & F Maintenance, Inc., et al., Defendants, and James E. Bradley et al., Respondents

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

December 27, 1990


Yesawich, Jr., J.

Plaintiff instituted this action to recover money paid pursuant to a performance bond. Defendants had agreed to indemnify plaintiff for any loss it sustained in furnishing the bond. Thereafter, an action was commenced seeking recovery under the performance bond, for which plaintiff issued a settlement check in the amount of $43,500. Additionally, plaintiff incurred $2,965 in legal fees.

When plaintiff's demands for reimbursement...

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