STATHOS v. MURPHY


26 A.D.2d 500 (1966)

George J. Stathos et al., Plaintiffs, v. William F. Murphy, Sr., et al., Defendants, and Victoria Stathos, Appellant, and Seaways Shipping Corp. et al., Judgment-Creditors-Respondents

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

December 20, 1966.


Attorney(s) appearing for the Case

Stephen Lee Crystal of counsel (Bernstein & Crystal, attorneys), for appellant.

Donald F. Mooney for respondents.

RABIN, McNALLY, CAPOZZOLI and WITMER, JJ., concur.


BREITEL, J. P.

The issue is whether an assignee of an interest in a lawsuit is entitled to recover the allocable proceeds of a settlement as against a judgment creditor of the assignor whose judgment was recovered and whose restraining notice was served subsequent to the assignment but before the settlement of the lawsuit. Although the issue is one that has arisen with some frequency in the past, the application...

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