MTR. OF COSMO. CAS. v. MONARCH CORP.


9 Misc.2d 227 (1957)

In the Matter of Cosmopolitan Mutual Casualty Company of New York, Judgment Creditor, v. Monarch Concrete Corp. et al., Judgment Debtors.

Supreme Court, New York County, Special Term.

October 11, 1957.


Attorney(s) appearing for the Case

Marcus Scherl for judgment creditor.

M. Carl Levine for Psaty & Fuhrman, Inc., third party.


IRVING H. SAYPOL, J.

The proof before the Referee shows that Psaty & Fuhrman, Inc., third party, was the contractor on a public improvement construction. The judgment debtor, Monarch Concrete Corp., was its subcontractor. For Psaty's advantage, to avoid the consequences of the indicated default in performance by Monarch, the contract was modified by letter from the latter to Psaty, dated January 10, 1956, so that payments to become due for Monarch...

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