People v. Seaboard Surety Co. — 14 N.Y.2d 868

Majority

p. 868

The People of the State of New York, Plaintiff, v. Seaboard Surety Company et al., Defendants. Pacific National Fire Insurance Company et al., Defendants and Third-Party Plaintiffs-Appellants, v. Riley Stoker Corporation, Third-Party Defendant-Respondent.

Argued June 1, 1964;

decided June 10, 1964.

p. 869

Jack Hart and Robert R. Hume for appellants.

John S. Luckstone and John Logan O’Donnell for respondent.

Order reversed, with costs in this court and in the Appellate Division, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: The motion for summary judgment dismissing the third-party complaint should be denied. The conflicting affidavits raise two questions of fact: (I) What was the obligation of the third-party defendant under the contract, and (II) when did the third-party defendant complete performance of the contract?

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.