Irons v. Roberts

Mercure, J. P.(1) Cross appeals from an order of the Supreme Court (Ellison, J.), entered January 5, 1993 in Tioga County, which, inter alia, denied defendant Mary VanOstrand’s motion to dismiss the third cause of action of plaintiff’s amended complaint, and (2) appeal from an order of said court, entered September 28, 1993 in Tioga County, which, inter alia, granted plaintiff’s motion for summary judgment and made a declaration in her favor.

In March 1990, a $10,000 bail bond (hereinafter the Vandemark bond) was issued by defendant Mary VanOstrand, as agent for American Bankers Insurance…