AM. BANK & TRUST CO. v. HARTFORD ACCIDENT & INDEM. CO.


41 N.Y.2d 920 (1977)

American Bank & Trust Company, as Trustee of the First Hanover Retirement Trust, Appellant, v. Hartford Accident and Indemnity Company et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1977.


Attorney(s) appearing for the Case

Vincent Syracuse, David C. Birdoff, Stephen R. Steinberg and Andrew C. Freedman for appellant.

Jerome Murray and Selig Rosenweig for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the determination below that First Devonshire Corporation was not a "successor" to First Hanover Corporation as that term was used in the subordination account agreement and within the contemplation of the parties and that the respondent insurer was not otherwise liable. Having so decided, however, it was unnecessary for the Appellate...

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