LORI-KAY GOLF, INC. v. LASSNER


61 N.Y.2d 722 (1984)

Lori-Kay Golf, Inc., et al., Plaintiffs, v. Michael Lassner et al., Defendants, Robert H. Finkelstein, Respondent, and United States Fidelity & Guaranty Company, Appellant. Robert H. Finkelstein, Third-Party Plaintiff, v. Maurice-Phillips et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided January 12, 1984.


Attorney(s) appearing for the Case

Morris Block for appellant.

Emanuel Thebner for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the cross claim of the appellant, United States Fidelity & Guaranty Co., against respondent Finkelstein for counsel fees, should be reinstated.

Defendant Finkelstein was appointed receiver of certain real property pursuant to a court order requiring him to post a bond. The bond was furnished by appellant...

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