Edgar A. Levy Leasing Co. v. Wishner

New York Supreme Court

Edgar A. Levy Leasing Co. v. Wishner

147 Misc. 828, 265 N.Y.S. 184, 1933 N.Y. Misc. LEXIS 1899

CourtNew York Supreme Court

DecidedApril 10, 1933

StatusPublished

Cited by3 cases

This text of 147 Misc. 828 (Edgar A. Levy Leasing Co. v. Wishner) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edgar A. Levy Leasing Co. v. Wishner, 147 Misc. 828, 265 N.Y.S. 184, 1933 N.Y. Misc. LEXIS 1899 (N.Y. Super. Ct. 1933).

Pincite

Opinion

Frankenthaler, J.

The exemption provided for in section 55-a of the Insurance Law is expressly made inapplicable to a case of an assignment in fraud of creditors. Wittman v. Littlefield (142 Misc. 916; affd., 235 App. Div. 831) is distinguishable. The complaint in that case alleged an assignment in fraud of creditors. As a motion to dismiss defenses for insufficiency searches the record, the dismissal in that case of a number of the defenses indicates that the complaint was deemed sufficient notwithstanding the exemption authorized by section 55-a of the Insurance Law. All that was decided in the Wittman case was that disability payments are included within the term “ proceeds and avails ” of the policy. This is confirmed by the statement of the court at Special Term that the only issues before it were “ the validity of the assignment and the effect of section 55-a.” As the plaintiff, here, has established prima facie that the policy was assigned in fraud of creditors, this motion for a temporary injunction is granted. Settle order.

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Frankenthaler, J.

The exemption provided for in section 55-a of the Insurance Law is expressly made inapplicable to a case of an assignment in fraud of creditors. Wittman v. Littlefield (142 Misc. 916; affd., 235 App. Div. 831) is distinguishable. The complaint in that case alleged an assignment in fraud of creditors. As a motion to dismiss defenses for insufficiency searches the record, the dismissal in that case of a number of the defenses indicates that the complaint was deemed sufficient notwithstanding the exemption authorized by section 55-a of the Insurance Law. All that was decided in the Wittman case was that disability payments are included within the term “ proceeds and avails ” of the policy. This is confirmed by the statement of the court at Special Term that the only issues before it were “ the validity of the assignment and the effect of section 55-a.” As the plaintiff, here, has established prima facie that the policy was assigned in fraud of creditors, this motion for a temporary injunction is granted. Settle order.

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Bluebook (online)

147 Misc. 828, 265 N.Y.S. 184, 1933 N.Y. Misc. LEXIS 1899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgar-a-levy-leasing-co-v-wishner-nysupct-1933.

Opinion

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