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STATE BANK OF ALBANY v. DAN-BAR CONTR.

12 A.D.2d 416 (1961)

State Bank of Albany, Respondent, v. Dan-Bar Contracting Co., Inc., et al., Defendants, and Maryland Casualty Company, Appellant. (Action No. 1.) Maryland Casualty Company, as Assignee of F. J. Croissant, Appellant, v. Allied Chemical and Dye Corporation (Barrett Division) et al., Defendants, and State Bank of Albany, Respondent. (Action No. 2.) State Bank of Albany, Respondent, v. Dan-Bar Contracting Co., Inc., et al., Defendants, and Maryland Casualty Company, Appellant. (Action No. 3.) F. J. Croissant, Respondent, v. Dan-Bar Contracting Co., Inc., et al., Defendants, and Maryland Casualty Company, Appellant. (Action No. 4.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 28, 1961.

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (William F. Conway and Thomas F. Conneally, Jr., of counsel), for Maryland Casualty Company, appellant.

Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for State Bank of Albany, respondent.

Louis J. Lefkowitz, Attorney-General, for the People.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

In these four actions the appellant Maryland Casualty Company and the respondent, the State Bank of Albany, hereinafter referred to as "Maryland" and "Bank", claimed priority to funds withheld by the State of New York, in connection with four public improvement contracts. Decisions in Supreme Court, Albany County, have awarded the funds to the "Bank". "Maryland" claims these withheld funds as subrogee;...

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