Town of Poughkeepsie v. Holden Construction Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action on performance bonds the defendant surety company appeals from (1) so much of an order of the Supreme Court, Dutchess County, dated November 24, 1978, as granted plaintiffs cross motion for summary judgment as against it and (2) a money judgment of the same court, entered thereon on January 19, 1979. Appeal from the order dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248). Judgment reversed, on the law, without costs or disbursements, and action remitted to the Supreme Court, Dutchess County, for a hearing to assess the amount of damages payable by…
2Cases cited5 opinions
- In re AhoNew York Court of Appeals · 1976
- Becker v. FaberNew York Court of Appeals · 1939
- Seaman v. FedourichNew York Court of Appeals · 1965
- City of Rye v. Public Service Mutual InsuranceNew York Court of Appeals · 1974
- Levine v. Town Board of CarmelAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by2 opinions
- Nextel of New York, Inc. v. City of Mount VernonDistrict Court, S.D. New York · 2005
- Town of Poughkeepsie v. Holden Construction Co.Appellate Division of the Supreme Court of the State of New York · 1984