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FITZGERALD v. AM. SUR. CO.

3 Misc.2d 609 (1956)

Daniel F. Fitzgerald et al., Doing Business as Fitzgerald & Fitzgerald, Plaintiffs, v. American Surety Company of New York, Defendant and Third-Party Plaintiff. Florence M. McGregor, Third-Party Defendant.

City Court of Rochester.

April 3, 1956.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald, plaintiffs in person.

Block, Smith, Antell & Harris for defendant and third-party plaintiff.

Charles E. Steinberg for third-party defendant.

JOHN P. LOMENZO, J.

The plaintiffs sue as assignees of a cause of action which their assignor, Milton R. McGregor, has against the defendant third-party plaintiff by reason of an undertaking given upon an order of arrest procured by the third-party defendant in a Supreme Court action which action resulted in summary judgment for the plaintiffs' assignor and the discharge of said order of arrest. The undertaking...

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