Legal Opinion
Rosario-Paolo, Inc. v. C & M Pizza Restaurant, Inc.
New York Court of Appeals
Decided November 1, 1994PublishedCited by 10 opinions
1Opinion of the Court
*381OPINION OF THE COURT
Ciparick, J.
Plaintiff vendor instituted this action to recover fire loss insurance proceeds it claims were wrongfully paid by defendant insurer to the insured, defendant vendee, notwithstanding plaintiffs prior notice to the insured of its interest in the proceeds. The issue presented on this appeal is whether plaintiff holds an equitable lien in the insurance proceeds to the extent of its security interest in the insured premises to permit recovery.
On or about March 6, 1987, plaintiff sold the premises, a pizza restaurant, to defendant C & M Pizza Restaurant, Inc. (C &…
2Cases cited6 opinions
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Lauer v. . DunnNew York Court of Appeals · 1889
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
- McGraw-Edison Credit Corp. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Nor-Shire Associates, Inc. v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Humbach v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1997
- Bank of India v. Weg & Myers, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
- Badillo v. Tower InsuranceNew York Court of Appeals · 1999
- Grocery Delivery E-Servs. USA, Inc. v. FlynnAppellate Division of the Supreme Court of the State of New York · 2022
- Associates Commercial Corp. v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
5 more not listed; retrieve them via the Exa API.