Brown v. United States Fidelity & Guaranty Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtAulisi, J.
Appeals for a resetteled order of the Supreme Court at Special Term entered April 11,. 1967 in Sullivan County, which denied motions for summary judgment to plaintiffs and the defendant, United States Fidelity and Guaranty Insurance Co., and from a judgment in favor of plaintiffs, entered October 31, 1967 in Sullivan County, upon a decision of the court at a Trial Term without a jury. In October 1963, plaintiffs, the operators of a resort hotel, entered into a construction contract with defendant contractor, Adler and Kraf Building Co., Inc. Paragraph five of that agreement provided liability…
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