Opinion

Gernatt Asphalt Products, Inc. v. Bensal Construction, Inc.

470 N.Y.S.2d 362 · New York Court of Appeals · Nov 22, 1983

Full text

Gernatt Asphalt Products, Inc. v. Bensal Construction, Inc., and Aetna Casualty and Surety Company, Respondents R. P. Myers, Inc., Third-Party and Interpleader Plaintiffs-Respondents v. Robert Smolinski, Third-Party and Interpleaded Defendants-Appellants United States of America, Third-Party and Inter-pleaded Defendant-Respondent, Third-Party and Interpleaded

opinion of the court Order modified, with costs to appellants, to the extent of denying defendants’ motions for summary judgment for the reasons stated in the dissenting in part memorandum at the Appellate Division (90 AD2d 993), and, as so modified, affirmed. Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.