People v. Seaboard Surety Co.

New York Court of Appeals

People v. Seaboard Surety Co.

200 N.E.2d 767, 14 N.Y.2d 868, 252 N.Y.S.2d 80, 1964 N.Y. LEXIS 1063

DecidedJune 10, 1964

StatusPublished

This text of 200 N.E.2d 767 (People v. Seaboard Surety Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Seaboard Surety Co., 200 N.E.2d 767, 14 N.Y.2d 868, 252 N.Y.S.2d 80, 1964 N.Y. LEXIS 1063 (N.Y. 1964).

Pincite

Opinion

Order reversed, with costs in this court and in the Appellate Division, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: The motion for summary judgment dismissing the third-party complaint should be denied. The conflicting affidavits raise two questions of fact: (I) What was the obligation of the third-party defendant under the contract, and (II) when did the third-party defendant complete performance of the contract?

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

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Order reversed, with costs in this court and in the Appellate Division, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: The motion for summary judgment dismissing the third-party complaint should be denied. The conflicting affidavits raise two questions of fact: (I) What was the obligation of the third-party defendant under the contract, and (II) when did the third-party defendant complete performance of the contract?

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

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Bluebook (online)

200 N.E.2d 767, 14 N.Y.2d 868, 252 N.Y.S.2d 80, 1964 N.Y. LEXIS 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seaboard-surety-co-ny-1964.