AETNA CAS. & SUR. CO. v. BROOKS


193 A.D.2d 503 (1993)

597 N.Y.S.2d 376

Aetna Casualty and Surety Company, Appellant, v. Phillip Brooks et al., Defendants, and Michael Brooks et al., Respondents

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

May 18, 1993


In this action by plaintiff to enforce its rights under a contractual indemnity agreement, the IAS Court erroneously concluded that a question of fact existed whether the indemnity agreement at issue constituted a continuing guarantee. The agreement is clear and unambiguous; it provides that the "continuing request to Aetna for the furnishing of Bonds" is to remain in full force and effect until an indemnitor gives written notice of termination (see, United States...

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