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MTR. OF CITY OF N. Y. v. BEDFORD BAR & GRILL

2 N.Y.2d 429 (1957)

In the Matter of City of New York, Judgment-Creditor-Respondent, v. Bedford Bar & Grill, Inc., Judgment Debtor. Manufacturers Trust Company, Assignee-Appellant.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Stephen P. Duggan, Jr., Charles J. Colgan and Donald F. Malin, Jr., for appellant.

Peter Campbell Brown, Corporation Counsel (Bernard H. Sherris, Stanley Buchsbaum and Cornelius F. Roche of counsel), for respondent.

DYE, FULD and VAN VOORHIS, JJ., concur with DESMOND, J.; FROESSEL, J., dissents in an opinion in which CONWAY, Ch. J., concurs; BURKE, J., taking no part.

DESMOND, J.

On January 29, 1953 appellant bank made a loan to Bedford Bar & Grill, Inc., and took as security an assignment from Bedford of any refund that might become due to the latter should the liquor store license for which the latter was applying not be granted by the State, or if after grant that license should be surrendered or cancelled. The license was granted. In June,

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