Indemnity Ins. Co. v. Reisley

FRANK, Circuit Judge.

1. The insurance company’s appeal: The order of April 14, 1942, was based upon an interpretation of § 36-a of the New York Lien Law, Consol.Laws, c. 33, as in effect before amendments effective. September 1, 1942.1 ******But since April 1942, New York’s highest court has held that that statute creates no lien. See Raymond Concrete Pile Co. v. Federation Bank & Trust Co., 288 N.Y. 452, 43 N.E.2d 486; New York Trap Rock Corp. v. National Bank of Far Rockaway, 293 N.Y. 884, 59 N.E.2d 787. The insurance company’s appeal must therefore fail.2 We cannot agree with the insurance…