Notes - In re City of New York v. Bedford Bar & Grill, Inc. | Kessler, Gilmore & Kronman | November 01, 2012


This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you. Notes - In re City of New York v. Bedford Bar & Grill, Inc.


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?

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).


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May 21, 2013

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