Daniel-Morris Co. v. Glens Falls Indemnity Co.
New York Court of Appeals
1Opinion of the CourtDye, J.
In this action to recover on a contractor’s payment bond, the defendants have appealed from an order of the Appellate Division, First Department, which modified a judgment of the Supreme Court, New York County, by reversing on the facts and the law so much thereof as had dismissed the plaintiff’s complaint against the defendants Glens Falls Indemnity Company and Big-W and ordering a new trial. The appeals are here on a stipulation for judgment absolute, notwithstanding that permission to appeal was granted on certified questions (Civ. Prac. Act, § 588, subd. 3; Matter of Brooklyn Union Gas…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Socony-Vacuum Oil Company, Incorporated v. Continental Casualty CompanyCourt of Appeals for the Second Circuit · 1955
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3Cited by26 opinions
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Durham Industries, Inc., Plaintiff-Appellee-Cross-Appellant v. The North River Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1982
- Goodman-Marks Associates Inc. v. Westbury Post AssociatesAppellate Division of the Supreme Court of the State of New York · 1979
- Frommeyer v. L. & R. CONSTRUCTION CO.District Court, D. New Jersey · 1956
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