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MOORSTEIN & CO. v. EXCELSIOR INS. CO.

31 A.D.2d 177 (1968)

Harold Moorstein & Co., Inc., et al., Appellants, v. Excelsior Insurance Co. of Syracuse et al., Respondents

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

December 17, 1968.

Attorney(s) appearing for the Case

Milton M. Meyer of counsel (Manuel S. Gottdenker, attorney), for appellants.

Robert F. Doran of counsel (Joseph A. Scalzo with him on the brief; Doran, Cunningham & Caserio, attorneys), for respondents.

STEUER, J. P., TILZER, McGIVERN and McNALLY, JJ., concur.

RABIN, J.

Plaintiffs seek summary judgment based upon an assignment given to them by the Cooper Umbrella Co., Inc., for "fifty (50%) percent of its right, title and interest of, in and to the proceeds of its claim for a fire loss which it sustained on or about March 15, 1964". The assignment was duly filed with the defendants-respondents, and there is no question but that proper notice was given to them. At the time of the execution of the assignment...

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