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Aetna Cas. Surety Co. v. Horticultural Serv

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1956
2 A.D.2d 963 (N.Y. App. Div. 1956)

Opinion

December 11, 1956


Judgments unanimously reversed, with costs, and judgments are directed to be entered in favor of the plaintiff on the authority of United States Fidelity Guar. Co. v. Triborough Bridge Auth. ( 297 N.Y. 31), except for the sum of $331.30 to which defendant United States of America is entitled by virtue of the filing of its assessment in that amount prior to the posting of the February 6, 1950 bond. Settle order on notice.

Concur — Peck, P.J., Breitel, Botein, Rabin and Cox, JJ. [ 1 Misc.2d 956.]


Summaries of

Aetna Cas. Surety Co. v. Horticultural Serv

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1956
2 A.D.2d 963 (N.Y. App. Div. 1956)
Case details for

Aetna Cas. Surety Co. v. Horticultural Serv

Case Details

Full title:AETNA CASUALTY SURETY COMPANY, Appellant, v. HORTICULTURAL SERVICE, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 11, 1956

Citations

2 A.D.2d 963 (N.Y. App. Div. 1956)

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