ROSARIO-PAOLO v. C & M PIZZA


84 N.Y.2d 379 (1994)

643 N.E.2d 85

618 N.Y.S.2d 766

Rosario-Paolo, Inc., Appellant, v. C & M Pizza Restaurant, Inc., Defendant, and Investors Insurance Company of America, Inc., Respondent.

Court of Appeals of the State of New York.

Decided November 1, 1994.


Attorney(s) appearing for the Case

Howard Rukeyser, Mount Vernon, for appellant.

Maloof, Lebowitz & Bubb, New York City (Michael S. Bubb and Steven J. Plofsky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

Plaintiff vendor instituted this action to recover fire loss insurance proceeds it claims were wrongfully paid by defendant insurer to the insured, defendant vendee, notwithstanding plaintiff's prior notice to the insured of its interest in the proceeds. The issue presented on this appeal is whether plaintiff holds an equitable lien in the insurance proceeds to the extent of its security interest...

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