Legal Opinion
Esbeco Distilling Corp. v. Block
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 1939PublishedCited by 3 opinions
1Opinion of the Court
Appeal from order directing the State Comptroller to pay a portion of a fund to the judgment debtor. The Comptroller has eighty-five dollars in his possession in connection with the surrender of liquor license 4029, issued to Petrus J. Block, licensee. This sum is claimed by the appellant bank, as assignee, and a portion by Esbeco Distilling Corporation, judgment creditor of Block. Disposition summarily of the fund may not be made when its ownership is the subject of an arguable controversy. (Kenney v. South Shore N. G. & F. Co., 201 N. Y. 89; Matter of Delaney, 256 id. 315; Rosenberg v.…
2Cases cited3 opinions
- Kenney v. South Shore Natural Gas & Fuel Co.New York Court of Appeals · 1911
- Alchar Realty Corp. v. Meredith Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Woodside Presbyterian Church v. BurdenAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by3 opinions
- United States v. Webster Record Corp.District Court, S.D. New York · 1961
- McKendry v. McKendryNew York Supreme Court · 1951
- Vaccari v. Maison Paris, Inc.New York Supreme Court · 1940