Legal Opinion
Mark S. Rose and Frederic G. Rose v. Amsouth Bank of Florida, Docket No. 04-0389-Cv
Court of Appeals for the Second Circuit
Decided December 1, 2004No. 63PublishedCited by 29 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge.
In this diversity action, plaintiffs Mark S. Rose and Frederic G. Rose (the “Roses”) appeal from the December 17, 2003 judgment of the District Court finding the Roses’ 1986 assignment of a life insurance policy subordinate to defendant AmSouth Bank’s (“AmSouth”) 1997 assignment of the same policy. Though the District Court found that plaintiffs had a valid assignment under New York law, the Court concluded that plaintiffs were es-topped from establishing priority over Am-South’s second-in-time assignment because it found that plaintiffs had “totally failed to…
2Cases cited21 opinions
- Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Rochelle Saks v. Franklin Covey Co. And Franklin Covey Client Sales, Inc.Court of Appeals for the Second Circuit · 2003
- Curry v. City of SyracuseCourt of Appeals for the Second Circuit · 2003
- First Investors Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the First Circuit · 1998
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3Cited by29 opinions
- Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.Court of Appeals for the Second Circuit · 2014
- Macwade v. KellyCourt of Appeals for the Second Circuit · 2006
- MacWade v. KellyCourt of Appeals for the Second Circuit · 2006
- Cross Media Marketing Corp. v. CAB Marketing, Inc. (In Re Cross Media Marketing Corp.)United States Bankruptcy Court, S.D. New York · 2007
- Makinen v. City of New YorkDistrict Court, S.D. New York · 2014
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