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CLA-MIL E. v. MEDALLION CORP.

6 N.Y.3d 375 (2006)

846 N.E.2d 431

813 N.Y.S.2d 1

CLA-MIL EAST HOLDING CORP., Also Known as CLAMIL EAST HOLDING CORP., Appellant, v. MEDALLION FUNDING CORP. et al., Respondents.

Court of Appeals of the State of New York.

Decided February 9, 2006.

Attorney(s) appearing for the Case

Rappaport, Hertz, Cherson & Rosenthal, P.C., Forest Hills (Jeffrey M. Steinitz and Milan Dey-Chao of counsel), for appellant.

Kramer & Shapiro, P.C., Kew Gardens (Lisa D. Levine-Shapiro of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

A secured creditor, Medallion Funding Corp., obtained a court order directing the New York City marshal to recover collateral located on property belonging to Cla-Mil East Holding Corp. Cla-Mil, the judgment debtor's landlord, has alleged that the marshal negligently damaged its real estate, and has sued Medallion and its law firm under a variety of theories. The only one it seriously argues here is that it...

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