Aetna Casualty & Surety Co. v. Hambly Construction Co.

Appellate Division of the Supreme Court of New York

Aetna Casualty & Surety Co. v. Hambly Construction Co.

56 A.D.2d 619, 391 N.Y.S.2d 989, 1977 N.Y. App. Div. LEXIS 10706

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1977·Published

Opinion

In an action to recover damages predicated upon defendants’ default in the performance of a construction contract, defendants appeal from an order of the Supreme Court, Orange County, entered October 26, 1976, which denied their motion to modify a prior order of the same court, dated May 1, 1974. Order affirmed, with $50 costs and disbursements. As a part of the long and tortuous litigation between these parties, this court affirmed the order dated May 1,1974 (see Aetna Cas. & Sur. Co. v Hambly Constr. Co., 48 AD2d 676) and finds nothing advanced in appellants’ arguments to warrant modification of the earlier determination. Rabin, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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In an action to recover damages predicated upon defendants’ default in the performance of a construction contract, defendants appeal from an order of the Supreme Court, Orange County, entered October 26, 1976, which denied their motion to modify a prior order of the same court, dated May 1, 1974. Order affirmed, with $50 costs and disbursements. As a part of the long and tortuous litigation between these parties, this court affirmed the order dated May 1,1974 (see Aetna Cas. & Sur. Co. v Hambly Constr. Co., 48 AD2d 676) and finds nothing advanced in appellants’ arguments to warrant modification of the earlier determination. Rabin, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

Aetna Casualty & Surety Co. v. Hambly Construction Co., 56 A.D.2d 619, 391 N.Y.S.2d 989, 1977 N.Y. App. Div. LEXIS 10706 (N.Y. Ct. App. 1977).

Pincite

56 A.D.2d 619 (Aetna Casualty & Surety Co. v. Hambly Construction Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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