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VULCRAFT OF N.Y., INC. v. SOLVAY IRON WORKS, INC.

946 CA 19-00013.

176 A.D.3d 1630 (2019)

110 N.Y.S.3d 187

2019 NY Slip Op 07196

Vulcraft of New York, Inc., Respondent-Appellant, v. Solvay Iron Works, Inc., Defendant, and Fidelity and Deposit Company of Maryland, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 4, 2019.

Attorney(s) appearing for the Case

BYRNE, COSTELLO & PICKARD, P.C., SYRACUSE ( JORDAN R. PAVLUS OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

BARCLAY DAMON, LLP, BUFFALO ( CHRISTOPHER A. CARDILLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the cross motion in its entirety and reinstating the counterclaim of defendant Fidelity and Deposit Company of Maryland and as modified the order and judgment is affirmed without costs.

Memorandum: Plaintiff commenced this action, inter alia, to recover on a payment bond issued by Fidelity and Deposit Company of Maryland (defendant). Defendant appeals from...

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