Weinreb v. Webster Bagel Co.

Appellate Division of the Supreme Court of New York

Weinreb v. Webster Bagel Co.

23 A.D.2d 884, 260 N.Y.S.2d 590, 1965 N.Y. App. Div. LEXIS 4179

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

DecidedMay 17, 1965

StatusPublished

Cited by4 cases

This text of 23 A.D.2d 884 (Weinreb v. Webster Bagel 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

Weinreb v. Webster Bagel Co., 23 A.D.2d 884, 260 N.Y.S.2d 590, 1965 N.Y. App. Div. LEXIS 4179 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action by judgment creditors of the defendant M. & S. Bagels, Inc., in effect to declare their judgment liens to be prior and superior to the rights of the defendant Webster Bagel Co., Inc., a chattel mortgagee of said judgment debtor, with respect to the amount of a fire loss payable to the latter as the named insured under a certain fire insurance policy issued to it by the defendant insurance company, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 1, 1964 upon the decision of a Special Referee after a nonjury trial before him, which: (a) declared plaintiffs’ rights to be subject to the rights of the defendant Webster Bagel Co., Inc.; (b) declared that said defendant is entitled to the proceeds of the fire insurance loss, in the sum of $8,000, from the defendant insurance company; and (e) directed that defendant Webster Bagel Co., Inc., recover such sum with interest from the insurance company. Judgment affirmed, with $10 costs and disbursements to defendant Webster Bagel Co., Inc., payable by plaintiffs (see Cromwell v. Brooklyn Fire Ins. Co., 44 ¡N". Y. 42, 47; Greenberg v. 1625 Putnam, Ave. Corp., 241 App. Div. 623; Matter of Fisenberg v. Mereer Hicks Corp., 199 Mise. 52, 54). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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

In an action by judgment creditors of the defendant M. & S. Bagels, Inc., in effect to declare their judgment liens to be prior and superior to the rights of the defendant Webster Bagel Co., Inc., a chattel mortgagee of said judgment debtor, with respect to the amount of a fire loss payable to the latter as the named insured under a certain fire insurance policy issued to it by the defendant insurance company, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered December 1, 1964 upon the decision of a Special Referee after a nonjury trial before him, which: (a) declared plaintiffs’ rights to be subject to the rights of the defendant Webster Bagel Co., Inc.; (b) declared that said defendant is entitled to the proceeds of the fire insurance loss, in the sum of $8,000, from the defendant insurance company; and (e) directed that defendant Webster Bagel Co., Inc., recover such sum with interest from the insurance company. Judgment affirmed, with $10 costs and disbursements to defendant Webster Bagel Co., Inc., payable by plaintiffs (see Cromwell v. Brooklyn Fire Ins. Co., 44 ¡N". Y. 42, 47; Greenberg v. 1625 Putnam, Ave. Corp., 241 App. Div. 623; Matter of Fisenberg v. Mereer Hicks Corp., 199 Mise. 52, 54). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 884, 260 N.Y.S.2d 590, 1965 N.Y. App. Div. LEXIS 4179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinreb-v-webster-bagel-co-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack