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MIONIS v. MERCHS. CAS. CO.

9 Misc.2d 357 (1957)

Allan Mionis, by His Guardian ad Litem Sol Mionis, et al., Respondents, v. Merchants Mutual Casualty Company, Appellant.

Supreme Court, Appellate Term, Second Department.

March 12, 1957.

Attorney(s) appearing for the Case

Robert Hill Nix for appellant.

Philip T. Feiring for respondents.

PETTE, ARKWRIGHT and BROWN, JJ., concur.

Per Curiam.

Plaintiff as judgment creditor of the insured had no greater rights against the defendant insurance company than those of an insured seeking repayment from his company (Rushing v. Commercial Cas. Ins. Co., 251 N.Y. 302; Shalita v. American Motorists Ins. Co., 266 App. Div. 131, motion for leave to appeal denied 266 App. Div. 885, motion for leave to appeal denied 291 N.Y. 831).

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