ELJAM SUPPLY v. FIREMAN'S FUND INS. CO.


60 Misc.2d 789 (1969)

Eljam Mason Supply, Inc., Plaintiff, v. Fireman's Fund American Insurance Companies et al., Defendants.

Supreme Court, Special Term, New York County.

August 18, 1969


Attorney(s) appearing for the Case

Kosofsky, Cohn & Haber (Eli Saul Cohn of counsel), for plaintiff. Fred P. Dawson for Fireman's Fund American Insurance Companies, defendant. Donald Tirschwell for Circle Brick Masonry Corp., defendant. J. Lee Rankin, Corporation Counsel, for City of New York, defendant. Northrop & Jessop for Gulf Oil Corporation, defendant.


DARWIN W. TELESFORD, J.

Both plaintiff and defendant Gulf Oil Corporation (Gulf) seek summary judgment. The action is to determine the priority of claims with respect to a fund held by defendant Fireman's Fund American Insurance Companies (Fireman), between plaintiff as assignee of defendant Circle Brick Masonry Corp. (Circle) and defendant Gulf, as a judgment creditor of a corporation which it alleges is a...

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