American Bank & Trust Co. v. Hartford Accident & Indemnity Co.

New York Court of Appeals

American Bank & Trust Co. v. Hartford Accident & Indemnity Co.

41 N.Y. 920

DecidedMarch 22, 1977

StatusPublished

This text of 41 N.Y. 920 (American Bank & Trust Co. v. Hartford Accident & Indemnity Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Bank & Trust Co. v. Hartford Accident & Indemnity Co., 41 N.Y. 920 (N.Y. 1977).

Pincite

Opinion

[922]*922Memorandum. The order of the Appellate Division should be affirmed.

We agree with the determination below that First Devon-shire Corporation was not a "successor” to First Hanover Corporation as that term was used in the subordination account agreement and within the contemplation of the parties and that the respondent insurer was not otherwise liable. Having so decided, however, it was unnecessary for the Appellate Division to reach the question as to whether or not the discharge in bankruptcy of First Devonshire extinguished the obligation between these parties. We therefore do not reach that issue. The other issues raised were adequately and correctly discussed at the Appellate Division in its memorandum.

Chief Judge Breitel and Judges Jasen, .Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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[922]*922Memorandum. The order of the Appellate Division should be affirmed.

We agree with the determination below that First Devon-shire Corporation was not a "successor” to First Hanover Corporation as that term was used in the subordination account agreement and within the contemplation of the parties and that the respondent insurer was not otherwise liable. Having so decided, however, it was unnecessary for the Appellate Division to reach the question as to whether or not the discharge in bankruptcy of First Devonshire extinguished the obligation between these parties. We therefore do not reach that issue. The other issues raised were adequately and correctly discussed at the Appellate Division in its memorandum.

Chief Judge Breitel and Judges Jasen, .Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)

41 N.Y. 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-bank-trust-co-v-hartford-accident-indemnity-co-ny-1977.