Droste v. Harry Atlas Sons, Inc.

With all deference I must record my considered view that the recently decided cases interpreting New York law on the point at issue are so many, so all of a piece, and so completely opposed to the novel view adopted in the two opinions herein that under Fidelity Union Trust Co. v. Field, 311 U.S. 169, 61 S.Ct 176, 85 L.Ed. 109, and like cases, we should feel bound to reverse our previous conclusion. It may be well to cite all these cases together to indicate their numerical strength, viz., Scanlan v. Henie, 264 App.Div. 913, 35 N. Y.S.2d 844; Jacobson v. Jacobson, 268 App.Div. 770, 49…