Awad v. Universal Coconut Corp.

By leave of court, the plaintiff applied for and obtained — in accordance with my memorandum, set forth herein as a footnote,* — reconsideration as to one aspect of his motion for summary judgment against the defendants, which motion I had denied. The present application involves the defendant National Surety Corporation, which, in turn, has reinvoked its cross motion against the codefendants for judg*213ment in the surety’s favor, coextensive with any judgment which the plaintiff may obtain against the defendant surety.

The facts generally are stated in my opinion of May 22, 1962 [37 Misc 2d…