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1. Does Bedford seem to overrule the Williams, Fairbanks, and Field cases discussed in the Note following Rockmore v. Lehman, supra p. 1477? Is it consistent with Judge Hand's second opinion in the Rockmore case?3
2. Stathos v. Murphy, 20 A.D.2d 500, 276 N.Y.S.2d 727 (1966), involved an assignment of the proceeds of pending litigation. The trial court had held, on the authority of the Bedford and Gruner cases, that the assignee lost to a subsequent judgment creditor. The Appellate Division reversed in an opinion by Justice Breitel, who referred to Williams v. Ingersoll as "the leading case" and commented that the Bedford and Gruner cases "are easily reconciled with the prevailing rules." The Court of Appeals affirmed "upon the opinion at the Appellate Division," Stathos v. Murphy, 19 N.Y.2d 883, 227 N.E.2d 880 (1967).
June 02, 2014
Kessler, Gilmore & Kronman
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