ROSENBERG v. BANK OF NEW YORK


186 A.D.2d 496 (1992)

Alan J. Rosenberg, Respondent, v. Bank of New York, Respondent and Third-Party Plaintiff-Respondent. United States Fidelity and Guaranty Company, Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

October 27, 1992


We agree with the IAS Court's determination that the third-party defendant surety failed to come forward with evidentiary support for its claim that the indemnity bond could be rescinded. The terms of the bond are clear and unambiguous. The surety agreed to make the bank whole if it paid out to the wrong party, and the thrust of the plaintiff's suit is that the bank did just that. The plaintiff's present possession of the disputed depository receipts does not establish that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases