Stathos v. Murphy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
The issue is whether an assignee of an interest in a lawsuit is entitled to recover the allocable proceeds of a settlement as against a judgment creditor of the assignor whose judgment was recovered and whose restraining notice was served subsequent to the assignment but before the settlement of the lawsuit. Although the issue is one that has arisen with some frequency in the past, the application of the rule has been surrounded with some confusion.
In the instant case, Special Term, after a reference and hearings before the Special Referee, held that the judgment creditor was…
2Cases cited8 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- In Re the Accounting of GrunerNew York Court of Appeals · 1946
- In Re ModellCourt of Appeals for the Second Circuit · 1934
- Richard v. National Transportation Co.City of New York Municipal Court · 1936
- Neilson Realty Corp. v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1965
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3Cited by17 opinions
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
- In the Matter of Law Research Service, Inc. v. John Herbert CrookCourt of Appeals for the Second Circuit · 1975
- Nicola v. Northfield Insurance Co. (In Re Redfeather Fast Freight, Inc.)United States Bankruptcy Court, D. Nebraska · 1979
- In the Matter of Law Research Service, Inc. v. Martin Lutz Appellate Printers, Inc.Court of Appeals for the Second Circuit · 1974
- Capital Nat. Bank of New York v. McDonald's Corp.District Court, S.D. New York · 1986
12 more not listed; retrieve them via the Exa API.