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People v. Seaboard Surety Company

Court of Appeals of the State of New York
Jun 10, 1964
200 N.E.2d 767 (N.Y. 1964)

Opinion

Argued June 1, 1964

Decided June 10, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. GAVAGAN, J.

Jack Hart and Robert R. Hume for appellants.

John S. Luckstone and John Logan O'Donnell for respondent.


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.


Summaries of

People v. Seaboard Surety Company

Court of Appeals of the State of New York
Jun 10, 1964
200 N.E.2d 767 (N.Y. 1964)
Case details for

People v. Seaboard Surety Company

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SEABOARD SURETY COMPANY…

Court:Court of Appeals of the State of New York

Date published: Jun 10, 1964

Citations

200 N.E.2d 767 (N.Y. 1964)
200 N.E.2d 767
252 N.Y.S.2d 80

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