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BUCKTHORN v. HUNTER OF N. Y.

109 A.D.2d 8 (1985)

Buckthorn, Ltd., Appellant-Respondent, v. Rollins Burdick Hunter of New York, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. Equity Steamship Agencies, Ltd., Third-Party Defendant-Respondent

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

May 30, 1985

Attorney(s) appearing for the Case

George L. Graff of counsel (Emily A. Tabin with him on the brief; Milgram Thomajan Jacobs & Lee, attorneys), for appellant-respondent.

W. Donald Nyland of counsel (C. Peter Lambos with him on the brief; Lambos, Flynn, Nyland & Giardino, attorneys), for third-party plaintiff-respondent-appellant.

Robert W. Mullen of counsel (Dickerson, Reilly & Mullen, attorneys), for third-party defendant-respondent.

SANDLER, J. P., ASCH and KASSAL, JJ., concur.

FEIN, J.

Plaintiff, a creditor's assignee, sues defendant, the broker for the interpleaded defendant Equity Steamship Agencies, for alleged conversion of insurance proceeds which defendant had received on behalf of Equity, to which plaintiff had claimed entitlement under various written agreements between plaintiff's assignor and Equity.

Plaintiff's president, Felzenberg, was a shipper who had done business...

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