Town of Wappinger v. Republic Insurance

In an action to recover upon a performance bond, defendant third-party plaintiff Republic Insurance Company appeals from an order of the Supreme Court, Dutchess County (Jiudice, J.), dated January 6,1982, which denied its motion for summary judgment against third-party defendant Reissler in the principal amount of $32,601.28, said sum representing the amount of plaintiff’s judgment against Republic in the main action. Order reversed, on the law, without *622costs or disbursements, and motion granted to the extent that summary judgment is awarded to Republic conditioned upon Republic’s payment to…