FORTUNE FINANS v. ANDERSSON


192 A.D.2d 124 (1993)

Fortune Finans AB, Appellant, v. Lennart Andersson et al., Defendants. Capstan Invest AB et al., Nonparty Respondents

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

July 22, 1993


Attorney(s) appearing for the Case

Thomas J. Hall of counsel (Maria E. Cannon and Robert G. Najarian with him on the brief; Chadbourne & Parke, attorneys), for appellant.

Charlene O'Dell of counsel (Neal Spicehandler with her on the brief; Graham & James, attorneys), for nonparty respondents.

MILONAS, J. P., ASCH, KASSAL and RUBIN, JJ., concur.


ELLERIN, J.

On this appeal we are called upon to determine the priority rights of creditors in a painting by Peter Paul Rubens. Plaintiff relies upon a New York order of attachment while movants-respondents assert rights by way of a security interest alleged to have been perfected in Switzerland before the painting was transferred to New York.

The underlying facts are as follows. Between October 1989...

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