Legal Opinion
O'Brien v. Fago
New York Supreme Court
Decided July 17, 1967PublishedCited by 2 opinions
1Opinion of the CourtMatthew J. Jasen, J.
¿Etna Insurance Company, as an interested party, brings this proceeding, pursuant to CPLR 5240, for an order to discharge and release its obligation under a surety bond issued in lieu of an execution and levy by the judgment creditor on contract funds in the hands of the City of Buffalo.
*204. Judgment creditor, Catherine Mary O’Brien, contends that the provisions of CPLR 5240 are inappropriate and cannot he utilized to obtain the relief sought by ¿Etna Insurance Company, since it is not properly before the court.
It appears that on October 20, 1965, one of the judgment debtors, Josanco…
2Cases cited2 opinions
- United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
- Scarsdale National Bank & Trust Co. v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1934
3Cited by2 opinions
- Paz v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1997
- John G. Lambros Co. v. Aetna Casualty & Surety Co.District Court, S.D. New York · 1979