285 A.D. 1053 | N.Y. App. Div. | 1955
In proceedings supplementary to judgment, under article 45 of the Civil Practice Act, an order was made by the County Court, Nassau County (1) denying appellant’s motion to vacate a statutory restraining provision in a third-party subpoena; (2) granting the respondents’ cross motion to direct payment of the judgment by the judgment debtor, and (3) containing provisions permitting the third party to pay the respondents. Appellant issued performance and payment bonds on behalf of the judgment debtor, as principal, in favor of the third party, the Board of Education, Union Free School District No. 21, Town of Oyster Bay, Nassau County, New York, as obligee. The contract between the judgment debtor and the third party, which appellant guaranteed, provided for the construction of a school. The judgment debtor before entering upon the performance of the contract, and as a condition to the furnishing of the bonds by appellant, executed an obligation and indemnity agreement in favor of appellant which substantially assigned to the appellant