Eljam Mason Supply, Inc. v. Fireman's Fund American Insurance

Both plaintiff and defendant Gulf Oil Corporation (Gulf) seek summary judgment. The action is to determine the priority of claims with respect to a fund held by defendant Fireman’s Fund American Insurance Companies (Fireman), between plaintiff as assignee of defendant Circle Brick Masonry Corp. (Circle) and defendant Gulf, as a judgment creditor of a corporation which it alleges is a successor corporation to Circle.

It appears that Circle performed certain masonry, and furnished services for and on behalf of Vermilya-Brown Co., Inc. (Vermilya) with respect to the construction of a building…