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Matter of Atlas Advertising Agency v. Casa Cubana

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1940
259 A.D. 951 (N.Y. App. Div. 1940)

Opinion

May 22, 1940.

Appeal from Supreme Court, Albany County.

Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.


There is no dispute as to the facts. Upon a motion under section 796 of the Civil Practice Act the court determined the question of law and held that the lien of the defendant Atlas Advertising Agency, Inc., judgment creditor-respondent, was superior in equity to that of Palmer, claimant-assignee-appellant. The justice presiding at Special Term held upon the authority of Zartman v. First National Bank ( 189 N.Y. 267) and Titusville Iron Co. v. City of New York (207 id. 203) that an equitable assignment of moneys due from a liquor license refund executed before the fund came into existence is subordinate to the lien of creditors serving third-party subpoenas upon the Comptroller after the surrender of the license and the creation of the fund. (See, also, Alchar Realty Corp. v. Meredith Restaurant, Inc., 256 App. Div. 853; Schaefer Brewing Co. v. Amsterdam Tavern, Inc., 171 Misc. 352; Alcoholic Beverage Control Law, § 127.) The order appealed from should be affirmed. Order unanimously affirmed, with ten dollars costs.


Summaries of

Matter of Atlas Advertising Agency v. Casa Cubana

Appellate Division of the Supreme Court of New York, Third Department
May 22, 1940
259 A.D. 951 (N.Y. App. Div. 1940)
Case details for

Matter of Atlas Advertising Agency v. Casa Cubana

Case Details

Full title:In the Matter of the Supplementary Proceedings: ATLAS ADVERTISING AGENCY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 22, 1940

Citations

259 A.D. 951 (N.Y. App. Div. 1940)

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