Fidelity & Deposit Co. of Maryland v. Safety Harbor Spa, Inc.

Appellate Division of the Supreme Court of New York

Fidelity & Deposit Co. of Maryland v. Safety Harbor Spa, Inc.

171 A.D.2d 553, 567 N.Y.S.2d 606, 1991 N.Y. App. Div. LEXIS 3690

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1991

StatusPublished

This text of 171 A.D.2d 553 (Fidelity & Deposit Co. of Maryland v. Safety Harbor Spa, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fidelity & Deposit Co. of Maryland v. Safety Harbor Spa, Inc., 171 A.D.2d 553, 567 N.Y.S.2d 606, 1991 N.Y. App. Div. LEXIS 3690 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 12,1990, which, inter alia, directed plaintiff Fidelity and Deposit Company of Maryland to pay Clinton Capital Corporation collateral of $100,000 placed to secure a bond in that amount for the benefit of Safety Harbor Spa Associates Ltd. Partnership less costs, unanimously aflirmed, with costs.

To secure a bond in the amount of $100,000 issued by Fidelity and Deposit Company of Maryland ("Fidelity”), Safety Harbor Spa Associates Ltd. Partnership ("Partnership”) posted $100,000 in cash. The collateral agreement between the Partnership and Fidelity acknowledges that Partnership is the owner of the collateral. As there is no documentary or other viable evidence that the collateral belongs to Safety Harbor Spa, Inc., there is no basis to disturb the IAS court’s order directing payment of the collateral, less, expenses, to the Partnership’s creditor. Concur — Sullivan, J. P., Carro, Ellerin and Wallach, JJ.

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Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 12,1990, which, inter alia, directed plaintiff Fidelity and Deposit Company of Maryland to pay Clinton Capital Corporation collateral of $100,000 placed to secure a bond in that amount for the benefit of Safety Harbor Spa Associates Ltd. Partnership less costs, unanimously aflirmed, with costs.

To secure a bond in the amount of $100,000 issued by Fidelity and Deposit Company of Maryland ("Fidelity”), Safety Harbor Spa Associates Ltd. Partnership ("Partnership”) posted $100,000 in cash. The collateral agreement between the Partnership and Fidelity acknowledges that Partnership is the owner of the collateral. As there is no documentary or other viable evidence that the collateral belongs to Safety Harbor Spa, Inc., there is no basis to disturb the IAS court’s order directing payment of the collateral, less, expenses, to the Partnership’s creditor. Concur — Sullivan, J. P., Carro, Ellerin and Wallach, JJ.

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Bluebook (online)

171 A.D.2d 553, 567 N.Y.S.2d 606, 1991 N.Y. App. Div. LEXIS 3690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-deposit-co-of-maryland-v-safety-harbor-spa-inc-nyappdiv-1991.