CHEM. BANK v. B & S WOODWORKING CORP.


226 A.D.2d 123 (1996)

640 N.Y.S.2d 51

Chemical Bank, Plaintiff, v. B & S Woodworking Corporation et al., Defendants. Henny Sonnenberg et al., Intervenors-Respondents; New York State Department of Taxation and Finance, Intervenor-Appellant

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

April 2, 1996


The IAS Court properly determined that once intervenor Henny Sonnenburg paid off the debt owed to Midlantic Bank by her husband and his company, she became subrogated to the rights and priorities of the bank, from which she received a written assignment (see, Gerseta Corp. v Equitable Trust Co., 241 N.Y. 418). Her claim was, therefore, entitled to priority over that of intervenor-appellant, since Midlantic Bank's claim was

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