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MTR. OF IND. COMR. v. HEDGER TRANSP. CORP.

1 N.Y.2d 503 (1956)

In the Matter of the Industrial Commissioner of the State of New York, Judgment-Creditor-Respondent, v. W. E. Hedger Transportation Corporation, Judgment Debtor. Haight, Deming, Gardner, Poor & Havens, Third Party; Horace M. Gray, Claimant-Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Horace M. Gray, in person, and Edward R. Phillips for Horace M. Gray, claimant-appellant.

Jacob K. Javits, Attorney-General (Emanuel Strauss, James O. Moore, Jr., and Francis R. Curran of counsel), for judgment-creditor-respondent.

DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., concurs.

DESMOND, J.

The order should be reversed and the third-party proceeding dismissed. On the undisputed facts appellant necessarily occupied one of two positions, either of which makes him entitled absolutely to the $10,000 check. At the least, he was an equitable assignee, from the time of commencement of the Hedger-Aluminum suit, of the recovery therein for his attorney's fees, with priority over any later attaching...

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