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MDC LEASING v. NEW YORK PROPERTY INS. UNDERWRITING

No. 77 Civ. 6197 (KTD).

450 F.Supp. 179 (1978)

MDC LEASING CORP., Plaintiff, v. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION, Defendant. NEW YORK PROPERTY INSURANCE UNDERWRITING ASSOCIATION, Defendant and Third-Party Plaintiff, v. DERRICO COMPANY, INC., Public Adjustment Bureau, Inc., Cross Ocean Shipping, United States of America Internal Revenue Service, Mayer Pollack Steel Corp., and S. I. Dietz Company, Public Adjusters, Inc., Third-Party Defendants.

United States District Court, S. D. New York.

May 5, 1978.

Attorney(s) appearing for the Case

Joseph Winston, New York City, for plaintiff.

Abrams & Martin, P. C., New York City, for defendant and interpleading plaintiff New York Property Insurance Underwriting Association; Alan Jay Martin, Karen L. Bennett, New York City, of counsel.

Frank A. Weg, P. C., New York City, for Public Adjustment Bureau, Inc.

Cichanowicz & Callan, New York City, for third-party defendant Crossocean Shipping; Michael J. Carcich, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for third-party defendant United States of America Internal Revenue Service; Richard N. Papper, Asst. U. S. Atty., New York City, of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff MDC Leasing Corporation has brought this action against New York Property Insurance Company seeking to recover out of the proceeds of certain insurance policies the amount of $37,873.38 representing moneys allegedly assigned to plaintiff on September 23, 1976 by Derrico Company, Inc., the insured, together with interest from August 1, 1976. Plaintiff now moves for summary judgment pursuant to F.R. Civ...

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