Rock Hotel Co. v. K-W-H Corp.

Appellate Division of the Supreme Court of New York

Rock Hotel Co. v. K-W-H Corp.

233 A.D. 697

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

DecidedApril 15, 1931

StatusPublished

This text of 233 A.D. 697 (Rock Hotel Co. v. K-W-H Corp.) 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

Rock Hotel Co. v. K-W-H Corp., 233 A.D. 697 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. The testimony establishes ;prima facie an equitable lien in the plaintiff upon the funds in the hands of defendant K-W-H Corporation as a consequence of an equitable assignment thereof having been made by defendant Alexion to the plaintiff, acting through Metropole, to the extent of an undivided fifty per cent of the entire fund. The action to enforce the plaintiff’s right in this regard was, therefore, properly brought in equity. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. The testimony establishes ;prima facie an equitable lien in the plaintiff upon the funds in the hands of defendant K-W-H Corporation as a consequence of an equitable assignment thereof having been made by defendant Alexion to the plaintiff, acting through Metropole, to the extent of an undivided fifty per cent of the entire fund. The action to enforce the plaintiff’s right in this regard was, therefore, properly brought in equity. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

233 A.D. 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rock-hotel-co-v-k-w-h-corp-nyappdiv-1931.