G. B. Seely's Son, Inc. v. 635 West Fifty-fourth Street Corp.

Appellate Division of the Supreme Court of New York

G. B. Seely's Son, Inc. v. 635 West Fifty-fourth Street Corp.

246 A.D. 603

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

The action is brought on two bonds executed by defendant 635 West Fifty-fourth Street Corporation, as principal, and defendant Fidelity and Deposit Company of Maryland, as surety, and plaintiff, the lessee of the building referred to in said bonds, seeks to recover damages for its non-completion. Order denying motion of defendant-appellant for judgment on the pleadings unanimously modified by granting the motion for judgment on the pleadings to the extent of dismissing the first cause of action, and as so modified affirmed, without costs. Appeal from order denying motion for resettlement dismissed. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

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The action is brought on two bonds executed by defendant 635 West Fifty-fourth Street Corporation, as principal, and defendant Fidelity and Deposit Company of Maryland, as surety, and plaintiff, the lessee of the building referred to in said bonds, seeks to recover damages for its non-completion. Order denying motion of defendant-appellant for judgment on the pleadings unanimously modified by granting the motion for judgment on the pleadings to the extent of dismissing the first cause of action, and as so modified affirmed, without costs. Appeal from order denying motion for resettlement dismissed. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

G. B. Seely's Son, Inc. v. 635 West Fifty-fourth Street Corp., 246 A.D. 603 (N.Y. Ct. App. 1935).

Pincite

246 A.D. 603 (G. B. Seely's Son, Inc. v. 635 West Fifty-fourth Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.