Kipp Bros. v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York

Kipp Bros. v. Hartford Accident & Indemnity Co.

40 A.D.2d 844, 337 N.Y.S.2d 504, 1972 N.Y. App. Div. LEXIS 3420

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1972

StatusPublished

This text of 40 A.D.2d 844 (Kipp Bros. v. Hartford Accident & Indemnity Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kipp Bros. v. Hartford Accident & Indemnity Co., 40 A.D.2d 844, 337 N.Y.S.2d 504, 1972 N.Y. App. Div. LEXIS 3420 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action, pursuant to section 137 of the State Finance Law, to recover upon a surety bond given to secure payment of money allegedly due under a contract for furnishing materials for a public improvement, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated December 28, 1971, which granted plaintiff’s motion for summary judgment, and (2) a judgment of the same court entered January 7, 1972 upon said order. Order and judgment reversed, without costs, and motion. denied. In our opinion, issues of fact were presented which precluded the granting of plaintiff’s motion for summary judgment. Rabin, P. J., Munder, Latham, Shapiro and Christ, JJ., concur.

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In an action, pursuant to section 137 of the State Finance Law, to recover upon a surety bond given to secure payment of money allegedly due under a contract for furnishing materials for a public improvement, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated December 28, 1971, which granted plaintiff’s motion for summary judgment, and (2) a judgment of the same court entered January 7, 1972 upon said order. Order and judgment reversed, without costs, and motion. denied. In our opinion, issues of fact were presented which precluded the granting of plaintiff’s motion for summary judgment. Rabin, P. J., Munder, Latham, Shapiro and Christ, JJ., concur.

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Bluebook (online)

40 A.D.2d 844, 337 N.Y.S.2d 504, 1972 N.Y. App. Div. LEXIS 3420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kipp-bros-v-hartford-accident-indemnity-co-nyappdiv-1972.