Indemnity Insurance Co. of North America v. Levine

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on or about May 23, 1989, denying a motion by plaintiff-appellant for summary judgment and denying a cross motion by defendants-respondents for partial summary judg*324ment, unanimously modified, on the law, plaintiff-appellant’s motion for summary judgment granted as to the first cause of action, granted as to liability only on the second cause of action, and the matter remanded for further proceedings as to the sécond cause of action, and otherwise affirmed, with costs.

This is an action by a surety, appellant Indemnity…