Price v. National Surety Co.

This order denied the motion of plaintiff to strike out defendant’s answer and give summary judgment for the plaintiff.

The action is upon a bond given by defendant, under which it agreed to pay any judgment not in excess of $2,500 which might be recovered against one David Schoenfeld, who was the principal named in the bond, for death or injury to persons or property caused in the operation or because of defective construction of the motor vehicles referred to therein. This bond was given in pursuance of an enactment by the Legislature known as section 282-b of the Highway Law (added by Laws…