Village of Warwick v. Republic Insurance

Appellate Division of the Supreme Court of New York

Village of Warwick v. Republic Insurance

63 A.D.2d 968, 406 N.Y.S.2d 695, 1978 N.Y. App. Div. LEXIS 12020

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 1978·Published

Opinion

In an action on a bond, the defendant surety appeals from so much of an order of the Supreme Court, Orange County, dated January 27, 1978, as denied its motion for summary judgment. Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements jointly to respondents. Defendant issued a performance bond pursuant to former section 179-1 (now section 7-730) of the Village Law. Since there are issues of fact which have not yet been resolved, summary judgment was properly denied (see Town of Shawangunk v Goldwil Props. Corp., 61 AD2d 693). Martuscello, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action on a bond, the defendant surety appeals from so much of an order of the Supreme Court, Orange County, dated January 27, 1978, as denied its motion for summary judgment. Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements jointly to respondents. Defendant issued a performance bond pursuant to former section 179-1 (now section 7-730) of the Village Law. Since there are issues of fact which have not yet been resolved, summary judgment was properly denied (see Town of Shawangunk v Goldwil Props. Corp., 61 AD2d 693). Martuscello, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

Village of Warwick v. Republic Insurance, 63 A.D.2d 968, 406 N.Y.S.2d 695, 1978 N.Y. App. Div. LEXIS 12020 (N.Y. Ct. App. 1978).

Pincite

63 A.D.2d 968 (Village of Warwick v. Republic Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related