In re United States & Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of New York

In re United States & Fidelity & Guaranty Co.

1 A.D.2d 778, 147 N.Y.S.2d 579, 1956 N.Y. App. Div. LEXIS 6685

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

DecidedJanuary 9, 1956

StatusPublished

This text of 1 A.D.2d 778 (In re United States & Fidelity & Guaranty Co.) 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

In re United States & Fidelity & Guaranty Co., 1 A.D.2d 778, 147 N.Y.S.2d 579, 1956 N.Y. App. Div. LEXIS 6685 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from an order denying an application by appellant, an insurance carrier, to pay certain moneys into court. Judgment has been recovered against appellant’s insured and a joint tort-feasor in amounts far in excess of the limits of liability stated in the policy, and appeals have been taken therefrom. Appellant seeks to pay into court the alleged balance of the policy limits, costs taxed in the judgment, and the amount of. interest on the judgment in favor of respondent Rudolph from the date of entry thereof to the date of payment into court allocable to the balance of its policy. Appellant asserts that under the terms of the policy such a deposit is a, .condition precedent to the avoidance of liability for additional interest accruing on the judgment. Order affirmed, with $10 costs and disbursements. [779]*779Assuming that the court has authority to grant the relief sought, in a proper action therefor, we see no reason for the intervention of the equitable powers of the court under the circumstances presented. Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur. [See post, p. 892.]

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Appeal from an order denying an application by appellant, an insurance carrier, to pay certain moneys into court. Judgment has been recovered against appellant’s insured and a joint tort-feasor in amounts far in excess of the limits of liability stated in the policy, and appeals have been taken therefrom. Appellant seeks to pay into court the alleged balance of the policy limits, costs taxed in the judgment, and the amount of. interest on the judgment in favor of respondent Rudolph from the date of entry thereof to the date of payment into court allocable to the balance of its policy. Appellant asserts that under the terms of the policy such a deposit is a, .condition precedent to the avoidance of liability for additional interest accruing on the judgment. Order affirmed, with $10 costs and disbursements. [779]*779Assuming that the court has authority to grant the relief sought, in a proper action therefor, we see no reason for the intervention of the equitable powers of the court under the circumstances presented. Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur. [See post, p. 892.]

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Bluebook (online)

1 A.D.2d 778, 147 N.Y.S.2d 579, 1956 N.Y. App. Div. LEXIS 6685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-united-states-fidelity-guaranty-co-nyappdiv-1956.