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CITY OF UTICA v. GOLD MEDAL CORP.

54 Misc.2d 708 (1967)

City of Utica, Plaintiff, v. Gold Medal Packing Corporation et al., Defendants. Chicago Dressed-Beef Co., Inc. et al., Petitioners.

Supreme Court, Special Term, Oneida County.

September 23, 1967

Attorney(s) appearing for the Case

Shaw J. Dallal for Chicago Dressed-Beef Company, Inc., petitioner. Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer (Laurence F. Sovik of counsel), and Hubbard, Felt & Fuller (M. Gilbert Hubbard of counsel), for William A. Schmitt, trustee in bankruptcy.

RICHARD D. SIMONS, J.

Petitioners claim to have a lien on condemnation proceeds resulting from the taking of bankrupt's property which is superior to the rights of the trustee in bankruptcy and all other creditors except the first mortgagee by reason of an instrument called an "Assignment of Realty Interest."12,

The instrument, executed April...

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