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MOHAWK INS. CO. v. BANKERS TRUST CO.

36 Misc.2d 882 (1962)

Mohawk Insurance Company, Plaintiff, v. Bankers Trust Company, Defendant and Interpleading Plaintiff. Thomas Thacher, as Superintendent of Insurance of the State of New York, et al., Interpleaded Defendants.

Supreme Court, Special Term, New York County.

September 5, 1962

Attorney(s) appearing for the Case

Goldwater & Flynn (Leon Liner of counsel), for plaintiff. Moses & Singer for defendant. Louis J. Lefkowitz, Attorney-General, for Superintendent of Insurance, interpleaded defendant. Harold Epstein for Meade & Company, interpleaded defendant.

CHARLES A. LORETO, J.

Motion by defendant bank for an order directing the sale or other disposition of certain assets held by it belonging to plaintiff insurance company.

Plaintiff seeks judgment essentially for a recovery of the cash and securities deposited with defendant, the greater part subject to the provisions of section 98 of the Insurance Law of New York, and judgment for damages because of...

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