holding that "[t]he assignment of proceeds in an insurance policy, the amount of which is not yet fixed, would seem to be such an equitable interest which becomes a legal or choate interest only when there is a judgment or appropriation of the proceeds in favor of the assignor"
Summary of this case from Allstate Indem. Co. v. ColluraNo. 78-6139.
March 2, 1979.
S.D.N.Y., 450 78-6151 F.Supp. 179.
AFFIRMED.
holding that "[t]he assignment of proceeds in an insurance policy, the amount of which is not yet fixed, would seem to be such an equitable interest which becomes a legal or choate interest only when there is a judgment or appropriation of the proceeds in favor of the assignor"
Summary of this case from Allstate Indem. Co. v. Collurarequiring a "fundamental" defect which would "shock the conscience of the chancellor" to set aside a confirmed sale
Summary of this case from Matter of Chung King, Inc.Full title:MDC Leasing Corp. v. New York Property Insurance Underwriting Association
Court:United States Court of Appeals, Second Circuit
Date published: Mar 2, 1979
The Court finds that neither exception sustains Tannenbaum's claims. United States v. City of New Britain,…
Williams v. City BankFracaro v. Priddy, 514 F. Supp. 191 (M.D.N.C. 1981). See Henzel v. Gerstein, 608 F.2d 654, 659 (5th Cir.…