Order Appealed From. 37 At a Special Term, Part III of the Supreme Court of the State of New Present: Hon. HENRY CLAY GREENBERG, Justice. 38 NATIONAL BRICK CORPORATION, Plaintiff, AGAINST RAPID CONTRACTING CORP., WILAKA CONSTRUC TION CO. INC., THE CENTURY INDEMNITY COM- CONTINENTAL CASUALTY COMPANY, Defendants. 39 The defendants, Brooklyn Builders Supply Co. and Colonial Blue Diamond Mortar Corp., having moved this court for summary judgment against the defendants, Rapid Contracting Corp., Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Casualty Company, Maryland Casualty Company and American Employers' Insurance Company, and the Order Appealed From. 40 plaintiff, National Brick Corporation, having cross-moved for summary judgment against the said defendants, and the said motion and crossmotion having regularly come on to be heard, Now, on reading and filing the Notice of Motion of the defendants, Brooklyn Builders Supply Co. and Colonial Blue Diamond Mortar Corp., dated May 18th, 1953, and the affidavit of A. J. Buschmann, Jr., duly sworn to the 18th day of May, 1953, and the affidavit of 41 Michael R. Iorio, duly sworn to the 18th day of May, 1953, and the affidavit of Hyman R. Friedman, duly sworn to the 9th day of June, 1953, and the affidavit of Isidore Zamore, duly sworn to the 10th day of June, 1953, with due proof of service thereof on the attorneys for the other parties herein, and on reading the complaint of the plaintiff verified the 18th day of November, 1952, and the answer of the defendants, Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Cas ualty Company, Maryland Casualty Company 42 and American Employers' Insurance Company, verified the 8th day of January, 1953, and the answer of defendant, Rapid Contracting Corp., verified the 9th day of January, 1953, and the order of Special Term, Part I of this court, signed by Mr. Justice Louis A. Valente, made and entered herein on March 12th, 1953 bringing into this action the defendants, The Franklin National Bank, Colonial Blue Diamond Mortar Corp. and Brooklyn Builders Supply Co., and the answer of defendant, Colonial Blue Diamond Mortar Corp., verified the 10th day of March, Order Appealed From. 1953, and the amended answer of defendant, The 43 Franklin National Bank, verified the 8th day of May, 1953, and the answer of the defendant, Brooklyn Builders Supply Co., verified the 23rd day of March, 1953, and the reply of the plaintiff, National Brick Corporation, verified the 3rd day of April, 1953, all now on file in the office of the Clerk of this court, submitted in support of said motion, and on reading and filing the Notice of Cross-Motion of the plaintiff dated May 27th, 1953, and the affidavit of Harold J. Levine, duly sworn to the 26th day of May, 1953, 44 with proof of due service thereof upon the attorneys for the other parties herein, submitted in support of said cross-motion, and on reading and filing the affidavit of Morris Shapiro, Esq., duly sworn to the 5th day of June, 1953, submitted on behalf of defendant, The Franklin National Bank, in opposition to both of the aforesaid motions, and on reading and filing the affidavit of Irving L. Lazere, duly sworn to the 9th day of June, 1953, submitted on behalf of defendants, Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Cas- 45 ualty Company, Maryland Casualty Company and American Employers' Insurance Company, in connection with the aforesaid motion of the defendants, Colonial Blue Diamond Mortar Corp. and Brooklyn Builders Supply Co., and on reading and filing the affidavit of Irving L. Lazere, duly sworn to the 9th day of June, 1953, submitted on behalf of the defendants, Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Casualty Company, Maryland Casualty Company and American Employers' Order Appealed From. 46 Insurance Company, in opposition to plaintiff's aforesaid cross-motion, and the affidavits of August Nicoletti and Edna Levine, duly sworn to the 9th day of June, 1953, submitted on behalf of the defendant, Rapid Contracting Corp., in opposition to the aforementioned cross-motion, and after hearing Friedman & Friedman, Esqs., by Hyman R. Friedman, Esq. of counsel, attorneys for defendant, Brooklyn Builders Supply Co., and Jacob I. Goodstein, Esq., by Isidore Zamore, Esq. of counsel, attorney for defendant, Colonial Blue Diamond Mortar Corp., in sup47 port of said defendant's motion, and Krause, Hirsch, Levin & Heilpern, Esqs. by Hyman Gold, Esq. of counsel, attorneys for plaintiff, in support of plaintiff's cross-motion, and Bernhardt, Sahn, Shapiro & Epstein, Esqs., by Morris Shapiro, Esq. of counsel, attorneys for defendant, The Franklin National Bank, in opposition to both motions, and Rosenberg & Rosenberg, Esqs. by Joseph Feldman, Esq. of counsel, attorneys for defendants, Wilaka Construction Co. Inc., The Century Indemnity Company, Con48 tinental Casualty Company, Maryland Casualty Company and American Employers’ Insurance Company, in connection with the motion of defendants, Colonial Blue Diamond Mortar Corp. and Brooklyn Builders Supply Co., and in opposition to the cross-motion of plaintiff, and Louis Barnett, Esq., attorney for defendant, Rapid Contracting Corp., in connection with the motion of defendants, Colonial Blue Diamond Mortar Corp. and Brooklyn Builders Supply Co., and in opposition to the plaintiff's crossmotion, and due deliberation having been had Order Appealed From. 49 and the decision of the court having been filed, it is ON MOTION of Friedman & Friedman, Esqs., attorneys for the defendant, Brooklyn Builders Supply Co., and Jacob I. Goodstein, Esq., attorney for defendant, Colonial Blue Diamond Mortar Corp., 50 ORDERED, that the motion of the defendants, Colonial Blue Diamond Mortar Corp. and Brooklyn Builders Supply Co., for summary judgment against the defendants, Rapid Contracting Corp., Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Casualty Company, Maryland Casualty Company and American Employers’ Insurance Company, be and the same is hereby granted, and it is further ORDERED, that judgment be and the same hereby is directed to be entered herein by the Clerk of this Court, in the sum of $10,253.17 in favor of the defendant, Brooklyn Builders Supply Co., and against the defendants, Rapid Contracting 51 Corp., Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Casualty Company, Maryland Casualty Company and American Employers’ Insurance Company, and that said defendant, Brooklyn Builders Supply Co., have execution therefor against said defendants, Rapid Contracting Corp., Wilaka Construction Co. Inc., The Century Indemnity Company, Continental Casualty Company, Maryland Casualty Company, and American Employers’ Insurance Company, and it is further |