From Casetext: Smarter Legal Research

Mount Vernon Hous. Auth. v. Am. Motorists Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1964
21 A.D.2d 788 (N.Y. App. Div. 1964)

Summary

In Mount Vernon Housing Auth. v American Motorists Ins. Co. (21 A.D.2d 788), the court denied a request for a trial preference, holding "[T]he plaintiff * * * is neither a State agency (Ciulla v State of New York, 191 Misc. 528) nor a political subdivision of the State".

Summary of this case from New York City Housing Authority v. Commissioner of the Environmental Conservation Department

Opinion

June 1, 1964


In an action to recover upon a faithful performance bond issued to plaintiff by the defendant American Motorists Insurance Company, the latter appeals from an order of the Supreme Court, Westchester County, dated February 6, 1964, which granted plaintiff's motion for a preference in trial of the action, pursuant to the statute (CPLR 3403, subd. [a], par. 1) which authorizes a preference when an action is brought "by * * * the state, or a political subdivision of the state". Order reversed, without costs, and motion for preference denied. In our opinion, the plaintiff Mount Vernon Housing Authority is neither a State agency ( Ciulla v. State of New York, 191 Misc. 528) nor a political subdivision of the State (cf. Executive Law, § 10, subd. 1, par. e; General Municipal Law, § 100; § 60, subd. 2, par. b; Unconsolidated Laws, § 9103), so as to entitle it to a preference as a matter of right under the present statute (CPLR 3403, subd. [a], par. 1). Plaintiff does not claim a preference under any other subdivision of said CPLR 3403. Beldock, P.J., Ughetta, Christ, Brennan and Hill, JJ., concur.


Summaries of

Mount Vernon Hous. Auth. v. Am. Motorists Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1964
21 A.D.2d 788 (N.Y. App. Div. 1964)

In Mount Vernon Housing Auth. v American Motorists Ins. Co. (21 A.D.2d 788), the court denied a request for a trial preference, holding "[T]he plaintiff * * * is neither a State agency (Ciulla v State of New York, 191 Misc. 528) nor a political subdivision of the State".

Summary of this case from New York City Housing Authority v. Commissioner of the Environmental Conservation Department
Case details for

Mount Vernon Hous. Auth. v. Am. Motorists Ins. Co.

Case Details

Full title:MOUNT VERNON HOUSING AUTHORITY, Respondent, v. AMERICAN MOTORISTS…

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

Date published: Jun 1, 1964

Citations

21 A.D.2d 788 (N.Y. App. Div. 1964)

Citing Cases

N.Y. Cmty. Bank v. Mithu

Plaintiff shall be entitled to an award of attorney fees, costs and disbursements in accordance with the…

New York City Housing Authority v. Commissioner of the Environmental Conservation Department

In Mount Vernon Housing Auth. v American Motorists Ins. Co. ( 21 A.D.2d 788), the court denied a request for…