Baxter House, Inc. v. Rosen

Rabin, J. (dissenting).

I dissent and vote to affirm the order under review insofar as appealed from, for the reasons set forth in the learned Special Term’s opinion (47 Misc 2d 77) and also on the ground set forth hereinbelow.

The policies here involved all had valid inceptions before the assured allegedly paid premiums thereon when he was insolvent or was thereby rendered insolvent. The policies constituted property purchased with the assured’s personal funds in which the defendants had acquired vested interests. Therefore, when the assured used the funds plaintiffs claim ivere theirs to pay…