Rosenberg v. Bank of New York

— Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered March 4, 1992, which, inter alia, granted the motion of defendant and third-party plaintiff for summary judgment, unanimously affirmed, with costs.

We agree with the IAS Court’s determination that the third-party defendant surety failed to come forward with evidentiary support for its claim that the indemnity bond could be rescinded. The terms of the bond are clear and unambiguous. The surety agreed to make the bank whole if it paid out to the wrong party, and the thrust of the plaintiff’s suit is that the bank did just…