73 A.D.2d 903 | N.Y. App. Div. | 1980
Supreme Court, New York County, entered August 24, 1978, granting the motion of respondent Fidelity and Deposit Company of Maryland, Inc., to dismiss the complaint, is unanimously reversed, on the law, without costs and without disbursements, and the motion to dismiss as against the surety is denied, and the fourth action against the surety is reinstated. Order, Supreme Court, New York County, entered August 23, 1978, granting the motion of respondent Fidelity and Deposit Company of Maryland, Inc., to dismiss the complaint, is unanimously reversed, on the law, without costs and without disbursements, and the motion to dismiss as against the surety is denied, and the fourth cause of action against the surety is reinstated. Order,