Legal Opinion

International Fidelity Insurance v. European American Bank

New York Supreme Court

Decided July 24, 1985PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Melvyn Tanenbaum, J.

This special proceeding to determine adverse claims pursuant to CPLR 5239 brought on by order to show cause (Underwood, J.) dated March 8, 1985, is determined as follows:

The relevant facts are not in dispute. Between July and November 1979 petitioner sold three performance bonds to Cavaliere Electric Contracting, Ltd. (Cavaliere Electric) covering three separate municipal construction contracts. Benedict Cavaliere (Cavaliere) and Joyce Cavaliere agreed to personally indemnify petitioner in the event petitioner was required to pay under the terms of the…

2Cases cited4 opinions

  1. Oppenheimer v. WestcottNew York Court of Appeals · 1979
  2. Welde v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1969
  3. Town of Greenburgh v. SchroerAppellate Division of the Supreme Court of the State of New York · 1976
  4. Herman v. SiegmundAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by1 opinion

  1. International Fidelity Insurance v. European American BankAppellate Division of the Supreme Court of the State of New York · 1987

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